Mental Health Act 2016

Queensland
Mental Health Act 2016
Act No. 5 of 2016

Queensland
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
3 Main objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Part 2 Principles for administration of Act
5 Principles for persons with mental illness. . . . . . . . . . . . . . . . . . . 43
6 Principles for victims and others. . . . . . . . . . . . . . . . . . . . . . . . . . 46
7 Regard to principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
8 Application to person with intellectual disability . . . . . . . . . . . . . . 48
Part 3 Interpretation
9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
10 Meaning of mental illness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
11 Meaning of involuntary patient . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
12 Meaning of treatment criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
13 Meaning of less restrictive way. . . . . . . . . . . . . . . . . . . . . . . . . . . 50
14 Meaning of capacity to consent to be treated. . . . . . . . . . . . . . . . 52
15 Responsibility for involuntary patient or forensic disability client . 53
16 Purpose of limited community treatment . . . . . . . . . . . . . . . . . . . 53
Part 4 Overview of Act
17 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
18 Treatment authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
19 Persons in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
20 Psychiatrist reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
21 Mental Health Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
22 Magistrates Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Contents
23 Treatment and care of patients . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

24 Mechanical restraint, seclusion, physical restraint and other practices 57
25 Rights of patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
26 Chief psychiatrist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
27 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
28 Mental Health Review Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
29 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Chapter 2 Making of treatment authorities after examination and
assessment
Part 1 Preliminary
30 Purpose of ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 2 Examinations and recommendations for assessment
Division 1 Examinations generally
31 Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2 Powers under examination authorities
32 Powers of doctor or authorised mental health practitioner . . . . . . 61
33 Reasonable help and force to exercise powers . . . . . . . . . . . . . . 61
34 Asking police officer for help. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
35 Action before exercising powers. . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 3 Detention of particular persons to make recommendation
for assessment
36 Powers of doctor or authorised mental health practitioner . . . . . . 63
37 Reasonable help and force to exercise powers . . . . . . . . . . . . . . 63
38 Action before exercising powers. . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 4 Recommendations for assessment
39 Making recommendation for assessment. . . . . . . . . . . . . . . . . . . 64
40 Notice of making. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
41 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
42 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Part 3 Assessments
43 Making assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
44 Where and how person may be assessed . . . . . . . . . . . . . . . . . . 66
45 Detention for assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
46 Start of assessment period to be noted . . . . . . . . . . . . . . . . . . . . 68
47 Explaining decision not to make treatment authority . . . . . . . . . . 68
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Contents
Part 4 Treatment authorities

48 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
49 Making treatment authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
50 Form of treatment authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
51 Category. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
52 Limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
53 Nature and extent of treatment and care . . . . . . . . . . . . . . . . . . . 71
54 When advance health directive not followed . . . . . . . . . . . . . . . . 72
55 Notice of making. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
56 Review of treatment authority if not made by psychiatrist . . . . . . 73
57 Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
58 Notice about review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
59 Date for first assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
60 Relationship with forensic order (disability) . . . . . . . . . . . . . . . . . 76
Chapter 3 Persons in custody
Part 1 Preliminary
61 Purpose of ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
62 Definitions for ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
63 Meaning of person in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
64 Meaning of classified patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 2 Transport of persons in custody to authorised mental
health services
65 Transport for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
66 Transport for treatment and care under treatment authority or particular
orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
67 Transport for treatment and care by consent . . . . . . . . . . . . . . . . 81
68 Transfer recommendation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
69 Administrator consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
70 Prior approval of chief psychiatrist for transport of minor to high security
unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
71 Custodian consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
72 Notice to chief psychiatrist if person in custody not transported within 72
hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
73 Chief psychiatrist consent for transport . . . . . . . . . . . . . . . . . . . . 86
Part 3 Persons in custody remaining in authorised mental health
services
74 Person subject to examination order or court examination order
remaining in authorised mental health service . . . . . . . . . . . . . . . 87
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Part 4 Requirements applying when person in custody becomes

classified patient
75 Explanation to person in custody who becomes classified patient 90
76 Notice to chief psychiatrist of person in custody becoming classified
patient. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
77 Notice to tribunal of minor in custody becoming classified patient in high
security unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
78 Examination of classified patient under s 201 . . . . . . . . . . . . . . . 91
79 Classified patient (involuntary) may become classified patient
(voluntary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
80 Notice to chief psychiatrist if classified patient (voluntary) withdraws
consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Part 5 Return to custody, or release from detention in authorised
mental health service, of classified patient
81 Notice to chief psychiatrist of notice event . . . . . . . . . . . . . . . . . . 93
82 Chief psychiatrist may decide to return classified patient to place of
custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
83 Return of classified patient to custody . . . . . . . . . . . . . . . . . . . . . 96
84 Person stops being classified patient if Mental Health Court makes
decision on reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
85 Release of classified patient. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Chapter 4 Psychiatrist reports for serious offences
Part 1 Preliminary
86 Purpose of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Part 2 Psychiatrist report on request
89 Administrator must explain effect of request. . . . . . . . . . . . . . . . . 100
90 Request for psychiatrist report . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
91 Direction to prepare psychiatrist report . . . . . . . . . . . . . . . . . . . . 101
Part 3 Psychiatrist report on chief psychiatrists own initiative
93 Direction to prepare psychiatrist report . . . . . . . . . . . . . . . . . . . . 101
94 Notice of direction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Part 4 Preparation of psychiatrist reports
95 Authorised psychiatrist must prepare psychiatrist report . . . . . . . 103
96 Information from prosecuting authority. . . . . . . . . . . . . . . . . . . . . 104
97 Support person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

Contents
98 Person must participate in examination in good faithreport on request

106
99 Person must attend examinationreport on chief psychiatrists initiative
108
100 Second psychiatrist report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Part 5 References by chief psychiatrist
101 Reference by chief psychiatrist to Mental Health Court . . . . . . . . 109
Part 6 Miscellaneous
102 Copies of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
103 Chapter stops applying to person if prosecution for offence discontinued
112
104 Application of chapter to person with intellectual disability. . . . . . 112
Chapter 5 Mental Health Court references
Part 1 Preliminary
105 Purpose of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
107 Meaning of associated offence. . . . . . . . . . . . . . . . . . . . . . . . . . . 114
108 Meaning of diminished responsibility . . . . . . . . . . . . . . . . . . . . . . 114
109 Meaning of unsound mind . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Part 2 Making of references by particular persons
110 When reference may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
111 How reference is made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Part 3 Proceedings for references
Division 1 Preliminary
Division 2 Notice requirements etc.
113 Notice of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
114 Parties to proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
115 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 3 Particular decisions
116 Decision about unsoundness of mind and diminished responsibility 120
117 Substantial dispute about whether person committed offence . . . 120
118 Decision about fitness for trial . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 4 Procedural provisions
119 Unsound minddiscontinuance of proceeding . . . . . . . . . . . . . . 121
120 Diminished responsibilitydiscontinuance of proceeding . . . . . . 122
121 Temporary unfitness for trialstay of proceeding . . . . . . . . . . . . 123

Contents
122 Permanent unfitness for trialdiscontinuance of proceeding . . . 123

123 Fit for trialcontinuation of proceeding . . . . . . . . . . . . . . . . . . . . 123
124 Related orders if person fit for trial . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 5 Withdrawal of particular references
125 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
126 Application to withdraw reference. . . . . . . . . . . . . . . . . . . . . . . . . 125
127 Notices if application to withdraw filed . . . . . . . . . . . . . . . . . . . . . 125
128 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Part 4 Forensic orders and treatment support orders
129 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
130 Explanation about operation of forensic orders and treatment support
orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
131 Orders if unsound mind or permanent unfitness for trial . . . . . . . 127
132 Orders if temporary unfitness for trial . . . . . . . . . . . . . . . . . . . . . . 128
133 Matters to which Mental Health Court must have regard . . . . . . . 128
Division 2 Forensic orders
Subdivision 1 Making of forensic orders
134 Requirements for making forensic order . . . . . . . . . . . . . . . . . . . 129
135 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
136 Recommendations about intervention programs . . . . . . . . . . . . . 130
137 Non-revocation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Subdivision 2 Treatment in the community
138 Mental Health Court to decide category. . . . . . . . . . . . . . . . . . . . 131
139 Inpatient category. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
140 Community category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Subdivision 3 Other provisions
141 When category of forensic order (disability) may be described as
residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
142 Admission to high security unitstay of order . . . . . . . . . . . . . . . 134
Division 3 Treatment support orders
Subdivision 1 Making of treatment support orders
143 Requirements for making treatment support order. . . . . . . . . . . . 135
144 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
145 Mental Health Court to decide category and community treatment 136

Contents
Division 4 Responsibility for treatment and care

146 Responsibility for person subject to forensic order (mental health) or
treatment support order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
147 Responsibility for person subject to forensic order (disability) . . . 137
148 Certificate of forensic disability service availability . . . . . . . . . . . . 138
Division 5 Transport
149 Transport to authorised mental health service . . . . . . . . . . . . . . . 139
150 Transport to forensic disability service . . . . . . . . . . . . . . . . . . . . . 139
Division 6 Other provisions
151 Matters authorised by forensic order (mental health) or treatment
support order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
152 Matters authorised by forensic orders (disability) . . . . . . . . . . . . . 140
153 Status of forensic order or treatment support order if amended. . 141
154 Ending of order made because of temporary unfitness for trial . . 141
Part 5 Other provisions
Division 1 Notice of decisions and orders
155 Notice of decisions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 2 Admissibility and use of evidence
156 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
157 Admissibility of experts report at trial. . . . . . . . . . . . . . . . . . . . . . 143
158 Particular statements not admissible . . . . . . . . . . . . . . . . . . . . . . 144
159 Issue of mental condition may be raised at trial . . . . . . . . . . . . . . 144
160 Other use of experts report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Division 3 Victim impact statements
162 Preparation of victim impact statement . . . . . . . . . . . . . . . . . . . . 145
163 Production of victim impact statement by prosecuting authority . 146
164 Restrictions on disclosing victim impact statement . . . . . . . . . . . 146
165 Use of victim impact statement by Mental Health Court. . . . . . . . 147
Division 4 Persons subject to existing orders or authorities
166 Person subject to existing forensic order . . . . . . . . . . . . . . . . . . . 147
167 Person subject to existing treatment authority or treatment support order
148
Division 5 Miscellaneous
168 Relationship with ch 16, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

Contents
Chapter 6 Powers of courts hearing criminal proceedings and related

processes
Part 1 Preliminary
169 Purpose of ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
170 Childrens Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Part 2 Magistrates Courts
Division 1 General
172 Power to dismiss complaintunsound mind or unfitness for trial 150
173 Power to adjourn hearing of complainttemporary unfitness for trial 150
174 Power to refer person to appropriate agency or entity . . . . . . . . . 151
Division 2 References to Mental Health Court
175 When reference may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
176 How reference is made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Division 3 Examination orders
177 Power to make examination order for person charged with simple
offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
178 Examination of person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
179 Examination report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
180 Admissibility of examination report. . . . . . . . . . . . . . . . . . . . . . . . 157
Part 3 Supreme Court and District Court
Division 1 Making reference to Mental Health Court if person pleads
guilty to indictable offence
182 Power to order plea of not guilty . . . . . . . . . . . . . . . . . . . . . . . . . . 158
183 Power to make reference to Mental Health Court and related orders 158
184 How reference to Mental Health Court is made . . . . . . . . . . . . . . 159
185 Persons who may give agreement for detention. . . . . . . . . . . . . . 159
186 Agreement for detentionadministrator. . . . . . . . . . . . . . . . . . . . 159
187 Agreement for detentionchief psychiatrist. . . . . . . . . . . . . . . . . 160
188 Effect of order for detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Division 2 Forensic orders (Criminal Code)
190 Registrar of court to give notice of order . . . . . . . . . . . . . . . . . . . 162
191 Power to transport person to authorised mental health service . . 162
Part 4 Detention in authorised mental health service during trial

Contents
193 Power to order persons detention in authorised mental health service

163
194 Persons who may give agreement for detention. . . . . . . . . . . . . . 164
195 Agreement for detentionadministrator. . . . . . . . . . . . . . . . . . . . 164
196 Agreement for detentionchief psychiatrist. . . . . . . . . . . . . . . . . 165
197 Effect of order for detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Chapter 7 Treatment and care of patients
Part 1 Preliminary
198 Purpose of ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
199 Relationship between this Act and custodial status of particular patients
166
Part 2 Responsibility to provide treatment and care
201 Examination of patient for purpose of providing treatment and care 168
202 Authorised doctors responsibilities for treatment and care . . . . . 169
203 Administrators responsibilities for treatment and care . . . . . . . . . 169
Part 3 Patients subject to treatment authorities
Division 2 Regular assessment
205 Authorised doctor must assess patient. . . . . . . . . . . . . . . . . . . . . 170
Division 3 Actions that may be taken after assessment
206 Authorised doctor may revoke treatment authority . . . . . . . . . . . . 171
207 Authorised psychiatrist may revoke treatment authority if patient missing
172
208 Chief psychiatrist may revoke treatment authority . . . . . . . . . . . . 172
209 Amendment of treatment authority to change category, limited
community treatment or conditions . . . . . . . . . . . . . . . . . . . . . . . 173
210 Amendment of treatment authority to change category to inpatient 174
Part 4 Patients subject to forensic orders
212 Amendment of forensic order (mental health) or forensic order
(disability) to change category, limited community treatment or
conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
213 Amendment of forensic order to change category to inpatient. . . 177
214 Limited community treatment for patient subject to forensic order
(Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

Contents
Part 5 Patients subject to treatment support orders

216 Amendment of treatment support order to change category, limited
community treatment or conditions . . . . . . . . . . . . . . . . . . . . . . . 179
217 Amendment of treatment support order to change category to inpatient
181
Part 6 Classified patients and patients subject to judicial orders
219 Authorisation of limited community treatment. . . . . . . . . . . . . . . . 182
Part 7 Obligations in relation to treatment in the community
220 Patients obligations to be recorded and explained . . . . . . . . . . . 183
221 Chief psychiatrist may approve temporary absence. . . . . . . . . . . 184
Part 8 Advance health directives, nominated support persons and
records system
Division 1 Advance health directives
222 Advance health directive may include views about treatment and care
186
Division 2 Nominated support persons
223 Who is a nominated support person . . . . . . . . . . . . . . . . . . . . . . 187
224 Functions of nominated support person . . . . . . . . . . . . . . . . . . . . 187
Division 3 Records system
225 Chief psychiatrist to maintain records system . . . . . . . . . . . . . . . 188
226 Request to keep record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
227 Requirement to give noticematters relating to advance health directive
189
228 Requirement to give noticerevocation of appointment of nominated
support person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
229 Requirement to give noticeresignation of nominated support person
190
230 Copy in records system is proof . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Part 9 Reporting on minors admitted to particular authorised
mental health services
231 Obligation to notify public guardian . . . . . . . . . . . . . . . . . . . . . . . 191
Part 10 Regulated treatment
232 Meaning of regulated treatment . . . . . . . . . . . . . . . . . . . . . . . . . . 192
Division 2 Informed consent
233 Requirements for informed consent . . . . . . . . . . . . . . . . . . . . . . . 192

Contents
234 Explanation to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193

Division 3 Electroconvulsive therapy
235 Offence to perform electroconvulsive therapy . . . . . . . . . . . . . . . 193
236 Performance of electroconvulsive therapy with consent or tribunal
approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
237 Performance of electroconvulsive therapy in emergency . . . . . . . 194
Division 4 Non-ablative neurosurgical procedures
238 Offence to perform non-ablative neurosurgical procedure . . . . . . 195
239 Performance of non-ablative neurosurgical procedure with consent and
tribunal approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Part 11 Prohibited treatment
240 Particular therapies prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
241 Psychosurgery prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Chapter 8 Use of mechanical restraint, seclusion, physical restraint
and other practices
Part 1 Preliminary
242 Purpose of ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Part 2 Mechanical restraint
244 Meaning of mechanical restraint . . . . . . . . . . . . . . . . . . . . . . . . . 198
245 Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Division 2 Authorised mechanical restraint
246 Requirements for use of mechanical restraint on relevant patients 199
247 Application for chief psychiatrists approval . . . . . . . . . . . . . . . . . 200
248 Chief psychiatrist may require amendment of application to include
reduction and elimination plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
249 Chief psychiatrist may approve authorisation of use of mechanical
restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
250 Authorisation of use of mechanical restraint by authorised doctor 202
251 Duties of health practitioner in charge of unit . . . . . . . . . . . . . . . . 203
252 Removal of mechanical restraint before authorisation ends. . . . . 204
253 Reuse of mechanical restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Part 3 Seclusion
254 Meaning of seclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
255 Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

Contents
Division 2 Authorised seclusion

256 Requirements for seclusion of relevant patients. . . . . . . . . . . . . . 206
257 Chief psychiatrist may give written direction about seclusion. . . . 207
258 Authorisation of seclusion by authorised doctor . . . . . . . . . . . . . . 207
259 Extension of period of seclusion. . . . . . . . . . . . . . . . . . . . . . . . . . 209
260 Duties of health practitioner in charge of unit . . . . . . . . . . . . . . . . 210
261 Removal from seclusion before authorisation ends . . . . . . . . . . . 211
262 Return to seclusion after removal. . . . . . . . . . . . . . . . . . . . . . . . . 211
Division 3 Emergency seclusion
263 Requirements for emergency seclusion by health practitioner in charge
of unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
Part 4 Reduction and elimination plans
264 What is a reduction and elimination plan . . . . . . . . . . . . . . . . . . . 213
265 Content of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
266 Application for chief psychiatrists approval of plan . . . . . . . . . . . 214
267 Chief psychiatrist may approve plan. . . . . . . . . . . . . . . . . . . . . . . 214
Part 5 Physical restraint and clinical need for medication
Division 1 Physical restraint
268 Meaning of physical restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
269 Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
270 Requirements for use of physical restraint . . . . . . . . . . . . . . . . . . 216
Division 2 Clinical need for medication
271 Meaning of medication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
272 Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
273 Chief psychiatrist must make policy . . . . . . . . . . . . . . . . . . . . . . . 217
274 Obligation to notify public guardian of treatment of minors . . . . . 218
Chapter 9 Rights of patients and others
Part 1 Preliminary
275 Purpose of ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
276 Definition for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
Part 2 Statement of rights
277 Preparing statement of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
278 Giving statement of rights to patients and others . . . . . . . . . . . . . 220
279 Display of signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220

Contents
Part 3 Rights of patients

281 Visits by nominated support persons, family, carers and other support
persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
282 Visits by health practitioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
283 Visits by legal or other advisers . . . . . . . . . . . . . . . . . . . . . . . . . . 222
284 Communication with others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
285 Information about treatment and care . . . . . . . . . . . . . . . . . . . . . 223
286 Understanding of oral information . . . . . . . . . . . . . . . . . . . . . . . . 223
287 Written notices to be given to nominated support persons and others
225
288 Communication about patient with others . . . . . . . . . . . . . . . . . . 226
289 Disclosure of confidential information under Hospital and Health Boards
Act not limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
290 Second opinion about treatment and care . . . . . . . . . . . . . . . . . . 228
Part 4 Roles and responsibilities of nominated support persons,
family, carers and other support persons
291 Roles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
292 Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
Part 5 Independent patient rights advisers
293 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
294 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
295 Independence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Chapter 10 Chief psychiatrist
Part 1 Preliminary
296 Purpose of ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
297 Definition for ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Part 2 Appointment, functions and powers
298 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
299 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
300 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
301 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
302 Independence of chief psychiatrist . . . . . . . . . . . . . . . . . . . . . . . . 234
303 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
304 Power to require administrator to give documents or information 235
Part 3 Policies, practice guidelines and annual report
305 Making policies or practice guidelines . . . . . . . . . . . . . . . . . . . . . 236

Contents
306 Publication of policies and practice guidelines . . . . . . . . . . . . . . . 238

307 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
Part 4 Investigations
308 Chief psychiatrist may investigate . . . . . . . . . . . . . . . . . . . . . . . . 240
309 Investigation report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
310 Recommendations for improvement. . . . . . . . . . . . . . . . . . . . . . . 241
Part 5 Serious risks to persons or public safety
311 Purpose of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
312 Minister may direct chief psychiatrist to review matter . . . . . . . . . 242
313 Actions chief psychiatrist may take. . . . . . . . . . . . . . . . . . . . . . . . 243
314 Chief psychiatrists order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
315 Chief psychiatrist may vary period or end order. . . . . . . . . . . . . . 246
Part 6 Information notices
316 Purpose of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
317 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Division 2 Application, amendment and revocation
318 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
320 Right to receive information under notice . . . . . . . . . . . . . . . . . . . 250
321 Amendment of notice to change applicants nominee . . . . . . . . . 251
322 Mandatory revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
323 Discretionary revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
324 Tribunal must give particular information to chief psychiatrist about
relevant patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
325 Telling relevant patient about information notice . . . . . . . . . . . . . 255
326 Misuse of information made available under an information notice 255
327 Application of part to forensic disability client. . . . . . . . . . . . . . . . 256
Chapter 11 Authorised mental health services
Part 1 Preliminary
328 Purpose of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Part 2 Declaration of authorised mental health services
329 Declaration of authorised mental health service . . . . . . . . . . . . . 257
330 Declaration of high security unit . . . . . . . . . . . . . . . . . . . . . . . . . . 257
331 Declaration of authorised mental health service (rural and remote) 258

Contents
Part 3 Administrators of authorised mental health services

332 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
333 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
334 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
335 Register of authorised doctors and authorised mental health
practitioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
336 Record of relevant patients. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
337 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
Part 4 Authorised doctors and authorised mental health
practitioners
Division 1 Appointment, functions and powers
338 Appointment of authorised doctor . . . . . . . . . . . . . . . . . . . . . . . . 260
339 When administrator is authorised doctor . . . . . . . . . . . . . . . . . . . 261
340 Appointment of authorised mental health practitioner . . . . . . . . . 261
341 Appointment of health practitioner to perform particular functions of
authorised doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
342 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 262
343 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
344 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
345 Requirement to give notice of particular decisions. . . . . . . . . . . . 264
Division 2 Identity cards
346 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
347 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 265
348 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Part 5 Transfer of patients
349 Purpose of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Division 2 Authorised mental health service transfers
351 Transfer between services by agreement of administrators . . . . . 267
352 Transfer between services by requirement of chief psychiatrist . . 268
Division 3 Forensic disability service transfers
353 Transfer between authorised mental health service and forensic
disability service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
Division 4 Interstate transfers
354 Transfer of person subject to treatment authority to another State 269
355 Transfer of person subject to interstate order from another State 269

Contents
Division 5 General provisions

356 Responsibility for person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
357 Power to transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
358 Notice to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
Part 6 Transport of persons
359 Who is an authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
Division 2 Transport of persons within and to and from authorised
mental health services and other particular places
360 Transport within authorised mental health service . . . . . . . . . . . . 273
361 Transport to or from authorised mental health service and other
particular places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
362 Taking person after treatment and care to persons requested place 274
Division 3 Transport of absent persons
364 Administrator or person in charge may require return of absent person
276
365 Limitation on requirement to return particular absent persons. . . 277
366 Authorised person may transport absent person . . . . . . . . . . . . . 277
367 Effect on assessment period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
Division 4 Transport of persons to and from interstate mental health
services
368 Apprehension of person absent from interstate mental health service
279
369 Transport of person in Queensland to interstate mental health service
279
370 Transport of person outside Queensland to authorised mental health
service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
371 Making of emergency examination authority . . . . . . . . . . . . . . . . 281
Division 5 Transport powers
373 Power to detain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
374 Power to administer medication . . . . . . . . . . . . . . . . . . . . . . . . . . 282
375 Power to use mechanical restraint . . . . . . . . . . . . . . . . . . . . . . . . 283
376 Power to enter particular places . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Division 6 Warrant for apprehension of person to transport person
377 Application for warrant for apprehension of person . . . . . . . . . . . 285
378 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286

Contents
379 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287

380 Additional procedure if electronic application . . . . . . . . . . . . . . . . 287
381 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
382 Warrantsentry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Part 7 Security
383 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
Division 2 Postal articles and other things in authorised mental health
services
385 Patient may receive and send postal article . . . . . . . . . . . . . . . . . 292
386 Administrator may search thing received for patient. . . . . . . . . . . 293
Division 3 Searches of patients of authorised mental health services
or public sector health service facilities
388 Power to search on belief of possession of harmful thing . . . . . . 294
Division 4 Searches of involuntary patients on admission to or entry
into high security units or other approved services
390 Power to search on admission or entry . . . . . . . . . . . . . . . . . . . . 295
Division 5 Searches of visitors to high security units or other
approved services
392 Power to search visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
393 Requirement to explain to visitor . . . . . . . . . . . . . . . . . . . . . . . . . 297
394 Direction to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
395 Visitor may leave thing with authorised security officer . . . . . . . . 297
396 Authorised security officer may ask visitor to leave thing with officer 298
397 Visitor may ask for search to stop . . . . . . . . . . . . . . . . . . . . . . . . 298
398 Return of thing to visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
Division 6 Requirements for searches
399 Requirements for personal search . . . . . . . . . . . . . . . . . . . . . . . . 299
400 Requirements for search requiring removal of clothing . . . . . . . . 299
401 Requirements for search of possessions . . . . . . . . . . . . . . . . . . . 300
Division 7 Records of searches
402 Record of search must be made . . . . . . . . . . . . . . . . . . . . . . . . . 301

Contents
Division 8 Seizure
403 Seizure of harmful or other thing . . . . . . . . . . . . . . . . . . . . . . . . . 301
404 Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
405 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
406 Approval of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
Division 10 Compensation
407 Compensation for damage to possessions . . . . . . . . . . . . . . . . . 304
Division 11 Exclusion of visitors
408 Administrator may refuse to allow person to visit patient . . . . . . . 305
Chapter 12 Mental Health Review Tribunal proceedings
Part 1 Preliminary
409 Purpose of ch 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
410 Particular decisions of no effect for classified patient . . . . . . . . . . 307
Part 2 Review of treatment authorities
412 Matters to which tribunal must have regard . . . . . . . . . . . . . . . . . 308
Division 2 When particular reviews are conducted
413 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
414 When periodic review deferred . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
415 When tribunal must not conduct review . . . . . . . . . . . . . . . . . . . . 310
416 When particular tribunal review is not required . . . . . . . . . . . . . . 310
Division 3 Applications and notices of hearings
417 Application for applicant review to state orders sought . . . . . . . . 310
Division 4 Decisions and orders
Subdivision 1 Decisions to be made on review
419 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
420 Administrator to provide report . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
421 Requirement to revoke treatment authority . . . . . . . . . . . . . . . . . 312
Subdivision 2 Confirmation of treatment authorityrelated orders
422 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
423 Change of category to community . . . . . . . . . . . . . . . . . . . . . . . . 313
424 Community categorydeciding whether authorised doctor may reduce
treatment in community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313

Contents
425 Inpatient categorylimited community treatment . . . . . . . . . . . . 314

426 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
427 Transfer to another authorised mental health service . . . . . . . . . 314
428 Change of category to inpatient . . . . . . . . . . . . . . . . . . . . . . . . . . 315
429 Other orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
Part 3 Review of forensic orders (mental health) and forensic
orders (disability)
435 Requirement to conduct periodic review suspended . . . . . . . . . . 319
441 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
442 Requirement to confirm forensic order . . . . . . . . . . . . . . . . . . . . . 322
Subdivision 2 Confirmation of forensic orderrelated orders
444 Change or confirmation of category . . . . . . . . . . . . . . . . . . . . . . . 323
445 Inpatient categoryorders about treatment in community. . . . . . 323
446 Community categoryorders about treatment in community . . . 324
447 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
448 Other orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
Subdivision 3 Revocation of forensic order (mental health)related
orders
450 Making of treatment support order . . . . . . . . . . . . . . . . . . . . . . . . 326

Contents
451 Making of treatment authority or no further order. . . . . . . . . . . . . 326

Division 5 Restrictions on revoking or amending forensic orders
452 Orders with non-revocation period . . . . . . . . . . . . . . . . . . . . . . . . 328
453 Order for person temporarily unfit for trial. . . . . . . . . . . . . . . . . . . 328
454 Order for person charged with prescribed offence . . . . . . . . . . . . 329
455 Tribunals order takes effect after suspension or change of category
ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
456 Transfer of responsibility for forensic patient . . . . . . . . . . . . . . . . 330
457 Person with dual disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
Part 4 Review of forensic orders (Criminal Code)
459 Tribunal to conduct hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
461 Making of forensic order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
462 Application of ch 5 provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
Part 5 Review of treatment support orders
467 Requirement to conduct periodic review suspended . . . . . . . . . . 336
472 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
473 Requirement to confirm treatment support order . . . . . . . . . . . . . 339
Subdivision 2 Confirmation of treatment support orderrelated orders
475 Change of category to community . . . . . . . . . . . . . . . . . . . . . . . . 340

Contents
476 Community categorydeciding whether authorised doctor may reduce

treatment in community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
477 Inpatient categorylimited community treatment . . . . . . . . . . . . 340
478 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
479 Transfer to another authorised mental health service . . . . . . . . . 341
480 Change of category to inpatient . . . . . . . . . . . . . . . . . . . . . . . . . . 342
481 Other orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
Subdivision 3 Revocation of treatment support orderrelated orders
483 Making of treatment authority or no further order. . . . . . . . . . . . . 343
Part 6 Review of fitness for trial
Division 1 Review
485 Meaning of finding of unfitness. . . . . . . . . . . . . . . . . . . . . . . . . . . 345
488 Decisions on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
Division 2 Procedures following review if person unfit for trial
490 Director of public prosecutions to decide whether proceeding to be
discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
491 Proceeding discontinued at end of prescribed period . . . . . . . . . 347
492 Effect of discontinuing proceeding . . . . . . . . . . . . . . . . . . . . . . . . 348
493 Proceeding may be discontinued at other time . . . . . . . . . . . . . . 349
Division 3 Procedures following review if person fit for trial
495 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
496 Director of public prosecutions to give notice of fitness for trial . . 350
497 Listing proceeding for mention . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Part 7 Review of detention of minors in high security units
501 Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
Part 8 Applications for examination authorities
502 Application for examination authority . . . . . . . . . . . . . . . . . . . . . . 353

Contents

505 Duration of examination authority. . . . . . . . . . . . . . . . . . . . . . . . . 355
506 Copy of examination authority to be given to administrator of authorised
mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
Part 9 Applications for approval of regulated treatment
507 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
Division 2 Non-ablative neurosurgical procedures
510 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
Part 10 Applications for approval to transfer particular persons into
and out of Queensland
Division 1 Transfers into Queensland
514 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360
515 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360
518 Making of forensic order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
519 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
520 Transport of person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
Division 2 Transfers out of Queensland
522 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
523 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
526 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
527 Transport of person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
528 Effect on order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367
Part 11 Miscellaneous 368
529 Relationship with ch 16, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368

Contents
530 Use of victim impact statement by tribunal . . . . . . . . . . . . . . . . . . 368

Chapter 13 Appeals
Part 1 Preliminary
531 Purpose of ch 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
Part 2 Appeals to tribunal
533 Appeal to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
534 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
535 Notice of appeal and hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
536 Stay of decision pending appeal. . . . . . . . . . . . . . . . . . . . . . . . . . 371
537 Appeal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
Part 3 Appeals to Mental Health Court
Division 2 Making and hearing appeals
539 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
540 Parties to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
542 Frivolous or vexatious appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373
543 Notice of appeal and hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373
544 Stay of decision pending appeal. . . . . . . . . . . . . . . . . . . . . . . . . . 374
545 Notice of stay of decision on review of persons fitness for trial . . 375
546 Appeal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376
547 Mental Health Court may make forensic order or treatment support
order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376
548 Mental Health Courts decision final . . . . . . . . . . . . . . . . . . . . . . . 377
Part 4 Appeals to Court of Appeal
549 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
551 Appeal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
552 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379
Chapter 14 Monitoring and enforcement
Part 1 Preliminary
553 Purpose of ch 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
554 Definitions for ch 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380

Contents
Part 2 General provisions about inspectors

Division 1 Appointment
555 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 381
556 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382
557 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 382
558 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383
559 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383
560 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383
561 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 384
562 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
Division 3 Miscellaneous provisions
563 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 384
564 Reference to document includes reference to reproductions from
electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Part 3 Entry of places by inspectors
Division 1 Power to enter
565 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Division 2 Entry by consent
567 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 386
568 Matters inspector must tell occupier . . . . . . . . . . . . . . . . . . . . . . . 386
569 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
Division 3 Entry under warrant
Subdivision 1 Obtaining warrant
570 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
571 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
572 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
573 Additional procedure if electronic application . . . . . . . . . . . . . . . . 390
574 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
Subdivision 2 Entry procedure
575 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
Part 4 General powers of inspectors after entering places
577 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
578 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 395

Contents
579 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 395

Part 5 Seizure by inspectors and forfeiture
Division 1 Power to seize
580 Seizing evidence at a place that may be entered without consent or
warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395
581 Seizing evidence at a place that may be entered only with consent or
warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
582 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 397
Division 2 Powers to support seizure
583 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
584 Offence to contravene other seizure requirement . . . . . . . . . . . . 398
585 Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
Division 3 Safeguards for seized things
586 Receipt and information notice for seized thing . . . . . . . . . . . . . . 398
587 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
588 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
Division 4 Forfeiture
589 Forfeiture by chief psychiatrist decision . . . . . . . . . . . . . . . . . . . . 400
590 Information notice about forfeiture decision . . . . . . . . . . . . . . . . . 401
591 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
592 Procedure and powers for making forfeiture order . . . . . . . . . . . . 402
Division 5 Dealing with property forfeited or transferred to State
593 When thing becomes property of the State . . . . . . . . . . . . . . . . . 403
594 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 403
Part 6 Other information-obtaining powers of inspectors
595 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 403
596 Offence to contravene personal details requirement . . . . . . . . . . 404
597 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
598 Offence to contravene information requirement . . . . . . . . . . . . . . 405
Part 7 Miscellaneous provisions relating to inspectors
Division 1 Damage
599 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 406
600 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
601 Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
602 Court order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408

Contents
Part 8 Reviews and appeals about seizure and forfeiture

604 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408
605 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . 409
606 How to apply for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . 409
607 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
608 Internal review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
609 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
610 Procedure for an appeal to the court . . . . . . . . . . . . . . . . . . . . . . 411
611 Stay of operation of internal review decision . . . . . . . . . . . . . . . . 412
612 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412
613 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . 413
Chapter 15 Suspension of criminal proceedings, offences and other
legal matters
Part 1 Preliminary
614 Purpose of ch 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413
Part 2 Suspension of criminal proceedings
615 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
616 Suspension of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
617 Giving notice of particular suspensions . . . . . . . . . . . . . . . . . . . . 415
618 Ending of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416
619 Giving notice of ending of suspension . . . . . . . . . . . . . . . . . . . . . 416
620 Effect on powers relating to bail, discontinuance of proceedings and
other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
Part 3 Offences relating to patients
621 Offence relating to ill-treatment . . . . . . . . . . . . . . . . . . . . . . . . . . 418
622 Offences relating to patients absconding . . . . . . . . . . . . . . . . . . . 418
623 Offences relating to patients unlawfully absent . . . . . . . . . . . . . . 419
Part 4 Offences relating to officials
625 Obstructing official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
626 Impersonating official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421
627 Giving official false or misleading information . . . . . . . . . . . . . . . 421
Part 5 Detention and use of reasonable force
628 Classified patient (voluntary) may be detained. . . . . . . . . . . . . . . 422
629 Detention of person in authorised mental health service with use of
reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422

Contents
630 Detention of person in public sector health service facility with use of
631 Examination or assessment of involuntary patient without consent and
with use of reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
632 Treatment and care of patient without consent and with use of
633 Relationship with use of physical restraint . . . . . . . . . . . . . . . . . . 424
Part 6 Evidence and legal proceedings
634 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
635 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
Chapter 16 Establishment and administration of court and tribunal
Part 1 Mental Health Court
636 Purpose of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
Division 2 Continuation, constitution, jurisdiction and powers
637 Continuation of Mental Health Court . . . . . . . . . . . . . . . . . . . . . . 427
638 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428
639 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
640 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
Division 3 Membership
641 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
642 Appointment does not affect judges tenure of office . . . . . . . . . . 430
643 Resignation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
644 When members office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
Division 4 President
645 Appointment of president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
646 Arrangement of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
647 President holds office while member of court. . . . . . . . . . . . . . . . 432
648 Delegation of particular powers . . . . . . . . . . . . . . . . . . . . . . . . . . 432
649 Resignation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
650 Appointment of acting president. . . . . . . . . . . . . . . . . . . . . . . . . . 432
Division 5 Assisting clinicians
651 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433
652 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433
653 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
654 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434

Contents
Division 6 Mental Health Court Registry and registrar

656 Mental Health Court Registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
657 Registrys functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
658 Registrars functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436
659 Registrars powersgeneral . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436
660 Registrars power to issue subpoena . . . . . . . . . . . . . . . . . . . . . . 436
661 Registrars power to require administrator to produce document . 437
662 Registrars power to require person to be brought before Mental Health
Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
663 Registrars power to require prosecuting authority to give particular
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
664 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
Division 7 Protection and immunities
665 Contempt of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
666 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . 439
667 Protection and immunity for member of Mental Health Court and
assisting clinician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
Division 8 Court examination orders
668 Making of court examination order . . . . . . . . . . . . . . . . . . . . . . . . 440
669 Recommendation or request for court examination order on reference
440
670 Transport, detention and examination of person under court examination
order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441
671 What happens at end of examination . . . . . . . . . . . . . . . . . . . . . . 442
Division 9 Reviews of detention in authorised mental health service or
forensic disability service
673 Power to review detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
675 Parties to proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444
676 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
677 Appointment of person to inquire into detention. . . . . . . . . . . . . . 445
678 Administrator to ensure help given to appointed person . . . . . . . 445
679 General powers of appointed person . . . . . . . . . . . . . . . . . . . . . . 445
680 Appointed persons power to ask questions . . . . . . . . . . . . . . . . . 446
681 Mental Health Court may direct persons discharge. . . . . . . . . . . 446
682 Other remedies not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447

Contents

683 General right of appearance and representation . . . . . . . . . . . . . 447
684 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
685 Proof of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
686 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448
687 Assisting clinicians advice before or during adjournment of hearing 448
688 Assisting clinicians advice during hearing . . . . . . . . . . . . . . . . . . 448
689 Particular advice of assisting clinician to be stated in reasons for
decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
690 When court may conduct hearing in absence of person . . . . . . . 449
691 Appointing assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
692 Court may sit and adjourn hearing . . . . . . . . . . . . . . . . . . . . . . . . 449
693 Hearing of reference generally open to public . . . . . . . . . . . . . . . 449
694 Particular hearings not generally open to public . . . . . . . . . . . . . 450
695 Hearing about minor not open to public . . . . . . . . . . . . . . . . . . . . 450
696 Confidentiality order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
697 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
698 Death or incapacity of member after hearing started . . . . . . . . . . 452
Division 11 Rules and practice
699 Rule-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
700 Directions about practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
701 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
Part 2 Mental Health Review Tribunal
702 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
Division 2 Continuation, jurisdiction and powers
704 Continuation of Mental Health Review Tribunal . . . . . . . . . . . . . . 455
705 Jurisdiction and independence. . . . . . . . . . . . . . . . . . . . . . . . . . . 455
706 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
Division 3 Members and staff of tribunal
707 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
708 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
709 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
710 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

Contents

712 Deputy president to act as president . . . . . . . . . . . . . . . . . . . . . . 458
713 Executive officer and other staff . . . . . . . . . . . . . . . . . . . . . . . . . . 458
714 Presidents functions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 459
715 Presidents powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
Division 4 Constitution of tribunal for hearings
716 Particular proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
717 Application for examination authority . . . . . . . . . . . . . . . . . . . . . . 461
718 Application for approval to perform non-ablative neurosurgical
procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461
719 Matters president to consider in constituting tribunal . . . . . . . . . . 462
720 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
Division 5 Examinations, confidentiality orders and reports
721 Tribunal may order examination . . . . . . . . . . . . . . . . . . . . . . . . . . 463
722 Confidentiality order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 464
723 Reports for particular review proceedings . . . . . . . . . . . . . . . . . . 465
Division 6 Procedural provisions for ch 12 proceedings
Subdivision 1 Applications
725 Approved form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
726 Frivolous or vexatious application. . . . . . . . . . . . . . . . . . . . . . . . . 466
727 Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
Subdivision 2 Adjournment of hearing of particular periodic reviews
729 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
730 Adjournment of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
731 Hearing of scheduled review to be conducted on relevant persons
return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469
Division 7 General procedural provisions
Subdivision 1 Preliminary
733 Conducting proceedings generally . . . . . . . . . . . . . . . . . . . . . . . . 469
734 Presentation of partys case and inspection of documents . . . . . 470
Subdivision 2 Pre-hearing matters
735 Matters to be stated in notice of hearing . . . . . . . . . . . . . . . . . . . 470
736 Right to appear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

Contents
737 Attorney-General to give notice of intention to appear . . . . . . . . . 471

738 Disclosure of documents to be relied on in hearing . . . . . . . . . . . 471
Subdivision 3 Hearings
739 Right of representation and support . . . . . . . . . . . . . . . . . . . . . . . 472
740 Appointment of representative . . . . . . . . . . . . . . . . . . . . . . . . . . . 473
741 Hearing not open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474
742 Victim impact statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474
743 Restrictions on disclosing victim impact statement . . . . . . . . . . . 475
744 Requiring witness to attend or produce document or thing . . . . . 476
745 Tribunal to allow party to call or give evidence . . . . . . . . . . . . . . . 476
746 Proceeding by remote conferencing or on the papers . . . . . . . . . 477
747 Proceeding in absence of involuntary patient. . . . . . . . . . . . . . . . 477
748 Conducting hearings of proceedings at same time . . . . . . . . . . . 478
749 Adjourning hearing of proceeding . . . . . . . . . . . . . . . . . . . . . . . . 478
750 Appointing assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478
751 Dealing with documents or other things . . . . . . . . . . . . . . . . . . . . 479
752 Way questions decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479
753 Referring question of law to Mental Health Court. . . . . . . . . . . . . 480
754 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480
Subdivision 4 Decisions of tribunal
755 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481
756 Written reasons for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481
757 Requirement to give effect to tribunal decision. . . . . . . . . . . . . . . 481
758 Publishing decision and reasons . . . . . . . . . . . . . . . . . . . . . . . . . 482
Subdivision 5 Revocation of particular forensic orders and treatment
support orders
759 Order for missing person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
Division 8 Offences and contempt
760 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483
761 False or misleading information or document. . . . . . . . . . . . . . . . 484
762 Fabricating evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484
763 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485
764 Punishment of contempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485
765 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . 486
766 Protection and immunity for members . . . . . . . . . . . . . . . . . . . . . 487

Contents
767 Protection and immunity for other persons. . . . . . . . . . . . . . . . . . 487

768 Rule-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487
769 Directions about practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
770 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
771 Judicial notice of particular signatures . . . . . . . . . . . . . . . . . . . . . 488
772 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
773 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
774 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489
Chapter 17 Confidentiality
Part 1 Preliminary
775 Purpose of ch 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489
777 Relationship of ch 17 with other Acts . . . . . . . . . . . . . . . . . . . . . . 490
Part 2 Duty of confidentiality
778 Confidentiality of information obtained by designated person . . . 491
779 Confidentiality of information obtained by other persons . . . . . . . 492
Part 3 Permitted use and disclosure
780 Disclosure to identify person with mental health defence. . . . . . . 492
781 Disclosure to identify and offer support to victims . . . . . . . . . . . . 493
782 Disclosure for report by private psychiatrist . . . . . . . . . . . . . . . . . 493
783 Disclosure of particular information relating to classified patient . 494
784 Disclosure of particular information relating to person in contact with
forensic disability service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
785 Disclosure to lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
786 Disclosure of photograph of patient required to return . . . . . . . . . 496
787 Disclosure of information for research purposes . . . . . . . . . . . . . 496
Part 4 Offences relating to publication of judicial proceedings
789 Publication of reports and decisions on referencesMental Health
Court and Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497
790 Publication of report of other proceedings . . . . . . . . . . . . . . . . . . 500
791 Publication of information disclosing identity of party to proceeding 500
792 Publication of date of hearing permitted. . . . . . . . . . . . . . . . . . . . 501
793 Publication of information disclosed at hearing permitted . . . . . . 501

Contents
Chapter 18 General provisions

794 Detention of involuntary patient must be in inpatient unit . . . . . . . 502
795 Use of audiovisual link for examination or assessment . . . . . . . . 502
796 Disclosure by QCAT of information about personal guardian. . . . 502
797 Protection of official from liability . . . . . . . . . . . . . . . . . . . . . . . . . 503
798 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
799 Electronic format for notices and other information . . . . . . . . . . . 504
800 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
Chapter 19 Repeal
801 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
Chapter 20 Transitional provisions
Part 1 Preliminary
803 Application of new Act in relation to proceedings for alleged offences
505
804 Detention under repealed Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . 506
Part 2 Provisions about assessment and detention under chapters
2 and 3 of repealed Act
805 Assessment documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506
806 Persons subject to assessment documents . . . . . . . . . . . . . . . . . 506
807 Justices examination order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507
808 Emergency examination order . . . . . . . . . . . . . . . . . . . . . . . . . . . 507
809 Detention for assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508
810 Agreement for assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
811 Custodians assessment authority . . . . . . . . . . . . . . . . . . . . . . . . 509
812 Taking person to authorised mental health service . . . . . . . . . . . 509
813 Classified patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
814 Report of authorised doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
815 Involuntary treatment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
Part 3 Provisions about assessment or detention of persons
before a court or in custody under chapter 3 of repealed Act
816 Court assessment order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512
Part 4 Provisions about treatment and care of patients under
chapter 4 of repealed Act
817 Treatment plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512
818 Limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513
819 Monitoring conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513

Contents
Part 5 Provisions about electroconvulsive therapy under chapter 4

of repealed Act
820 Consent to electroconvulsive therapy. . . . . . . . . . . . . . . . . . . . . . 514
821 Emergency electroconvulsive therapy . . . . . . . . . . . . . . . . . . . . . 514
Part 6 Provisions about movement, transfer and temporary
absence of patients under chapter 5 of repealed Act
822 Move of patients interstate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514
823 Temporary absences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515
Part 7 Provisions about tribunal reviews under chapter 6 of
repealed Act
Division 1 Orders and decisions made before commencement
824 Particular orders and decisions not given effect before commencement
516
825 Particular decisions unaffected by new Act . . . . . . . . . . . . . . . . . 516
Division 2 Reviews and applications not completed before
commencement
826 Existing applications to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 517
827 Existing reviews started other than by an application. . . . . . . . . . 518
828 Effect of tribunals decision on existing review . . . . . . . . . . . . . . . 519
829 When first periodic review under new Act must be conducted . . . 519
830 Discontinuing proceeding for offence following review of fitness for trial
522
831 Non-contact order ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523
Part 8 Provisions about examinations, references and orders
under chapter 7 of repealed Act
Division 1 Examinations under chapter 7, part 2 of repealed Act
832 Making of reference under repealed Act by director or director of public
prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523
Division 2 References
834 Hearing of reference continues under repealed Act . . . . . . . . . . . 524
835 Appeal against Mental Health Courts decision . . . . . . . . . . . . . . 525
Division 3 Forensic orders (Mental Health Court) and forensic orders
(Mental Health CourtDisability)
836 Forensic order (Mental Health Court). . . . . . . . . . . . . . . . . . . . . . 525
837 Forensic order (Mental Health CourtDisability). . . . . . . . . . . . . 526
838 Limited community treatment for forensic patient . . . . . . . . . . . . . 528
839 Review of forensic order under new Act . . . . . . . . . . . . . . . . . . . . 528

Contents

840 Order approving interstate transfer under s 288B of repealed Act 529
841 Forensic order (Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . 529
842 Custody order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 530
843 Forensic order (Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 530
844 Forensic disability client temporarily detained in authorised mental
health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531
Part 9 Provisions about information orders under chapter 7A of
repealed Act
845 Forensic information orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531
846 Classified patient information orders . . . . . . . . . . . . . . . . . . . . . . 531
Part 10 Provisions about security of authorised mental health
services under chapter 10 of repealed Act
847 Exclusion of visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532
Part 11 Provisions about Mental Health Court under chapter 11 of
repealed Act
848 Mental Health Court registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532
849 Court examination order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532
850 Inquiry into detention of patient in authorised mental health service 533
851 Mental Health Court, tribunal or another court may make orders about
transition from repealed Act to new Act . . . . . . . . . . . . . . . . . . . . 533
852 Notices generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534
853 Records made under repealed Act. . . . . . . . . . . . . . . . . . . . . . . . 534
854 Material submitted by victim or concerned person . . . . . . . . . . . . 535
855 Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535
856 Authorised mental health services and high security units. . . . . . 535
857 Office holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535
858 Suspended proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536
859 Reviews relating to serious risks . . . . . . . . . . . . . . . . . . . . . . . . . 536
860 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537
861 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537
862 References to orders and authorities under repealed Act . . . . . . 537
863 Application of new Act, s 420 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
864 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 538

Contents
Chapter 21 Amendment of Acts

Part 1 Amendment of this Act
865 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
866 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
Part 2 Amendment of Criminal Code
867 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
868 Amendment of ss 145A(a), 227C(3), definition lawful custody, 266 and
358 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
869 Amendment of s 613 (Want of understanding of accused person) 539
870 Amendment of s 645 (Accused person insane during trial) . . . . . 540
871 Amendment of s 647 (Acquittal on ground of insanity). . . . . . . . . 540
872 Amendment of s 668F (Powers of Court in special cases). . . . . . 540
873 Amendment of s 678 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . 540
Part 3 Amendment of Forensic Disability Act 2011
874 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541
875 Amendment of s 4 (How purpose is to be achieved) . . . . . . . . . . 541
876 Amendment of s 6 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 541
877 Amendment of s 7 (General principles) . . . . . . . . . . . . . . . . . . . . 541
878 Amendment of s 10 (Who is a forensic disability client) . . . . . . . . 541
879 Amendment of s 14 (Preparing plan for client) . . . . . . . . . . . . . . . 542
880 Amendment of s 15 (Content of plan) . . . . . . . . . . . . . . . . . . . . . 542
881 Replacement of ch 2, pt 2, hdg (Limited community treatment) . . 542
Part 2 Community treatment
882 Amendment of s 20 (Authorising limited community treatment) . . 542
883 Amendment of s 21 (Limited community treatment on order of tribunal or
Mental Health Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544
884 Amendment of s 22 (What individual development plan must state about
limited community treatment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544
885 Amendment of s 26 (Who is allied person if client does not have
capacity to choose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544
886 Insertion of new ch 4, pts 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . 544
Part 3 Temporary absence
32A Absence of client with directors approval. . . . . . . . . . 545
Part 4 Rights of allied person
32B Allied person to be notified of transfer of responsibility for
forensic disability client. . . . . . . . . . . . . . . . . . . . . . . . 545
887 Omission of ch 5 (Transfer and temporary absence of forensic disability
clients) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546

Contents
888 Amendment of s 47 (Relationship with Disability Services Act) . . 546

889 Amendment of s 84 (Procedure for appeal) . . . . . . . . . . . . . . . . . 546
890 Amendment of s 91 (Policies and procedures about detention, care and
support of clients) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547
891 Omission of s 92 (Giving information about client to director (mental
health) or nominee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547
892 Omission of s 98 (Administrators obligation to ensure forensic order is
given effect) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547
893 Amendment of s 113 (Taking client to forensic disability service or
authorised mental health service) . . . . . . . . . . . . . . . . . . . . . . . . 547
894 Insertion of new s 113A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
113A Temporary admission of client to authorised mental health
service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549
895 Amendment of s 114 (Application of pt 2) . . . . . . . . . . . . . . . . . . 549
896 Amendment of s 115 (Entry of places) . . . . . . . . . . . . . . . . . . . . . 550
897 Amendment of s 116 (Offences relating to ill-treatment) . . . . . . . 550
898 Amendment of s 117 (Offences relating to forensic disability clients
absconding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550
899 Amendment of s 122 (Confidentiality of informationother persons) 550
900 Omission of s 123 (Disclosure of confidential information) . . . . . 550
901 Amendment of s 126 (Evidentiary provisions) . . . . . . . . . . . . . . . 551
902 Amendment of s 128 (Protection of officials from liability) . . . . . . 551
903 Omission of ch 10 (Application of Mental Health Act) . . . . . . . . . 551
904 Amendment of s 141 (Review by director) . . . . . . . . . . . . . . . . . . 551
905 Omission of s 142 (Transfer from forensic disability service to authorised
mental health service) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552
906 Amendment of s 144 (Administration of medication for particular
purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552
907 Omission of s 149 (Director taken to have complied with particular
requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552
908 Omission of s 152 (Care of client detained temporarily in authorised
mental health service) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552
909 Amendment of s 155 (Use of reasonable force). . . . . . . . . . . . . . 552
910 Amendment of ch 13, hdg (Transitional provision) . . . . . . . . . . . . 553
911 Insertion of new ch 13, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 553
Part 1 Transitional provision for Forensic Disability
Act 2011
912 Insertion of new ch 13, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553
Part 2 Transitional provisions for Mental Health Act
2016

Contents
161 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 553

162 Temporary absence approval . . . . . . . . . . . . . . . . . . . 554
163 Transfer order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554
164 Application of s 141 . . . . . . . . . . . . . . . . . . . . . . . . . . 554
165 Application of transitional provisions to forensic disability
clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554
166 Transitional regulation-making power . . . . . . . . . . . . . 555
913 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 555
Part 4 Amendment of Powers of Attorney Act 1998
914 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557
915 Amendment of s 6A (Relationship with Guardianship and Administration
Act 2000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557
916 Amendment of s 38 (Acts relationship with Mental Health Act) . . 557
917 Amendment of sch 2 (Types of matters). . . . . . . . . . . . . . . . . . . . 557
Part 5 Amendment of Public Health Act 2005
919 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558
920 Amendment of s 7 (How object is mainly achieved) . . . . . . . . . . . 558
921 Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559
Chapter 4A Health of persons with major disturbance in
mental capacity
Part 1 Preliminary
157A Definitions for ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 559
Part 2 Taking persons to treatment or care place
157B Ambulance officer or police officer may detain and transport
person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
157C What ambulance officer or police officer must tell person 562
157D Giving emergency examination authority . . . . . . . . . . 563
157E Detention in treatment or care place . . . . . . . . . . . . . 563
157F Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564
Part 3 Return of persons who abscond
157G Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 565
157H Administrator or person in charge may require return of
absent person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565
157I Duration of authorisation or request . . . . . . . . . . . . . . 566
157J Authorised person may transport absent person . . . . 566
157K Effect on examination period . . . . . . . . . . . . . . . . . . . 567

Contents
Part 4 Powers
157L Use of force to detain and transport . . . . . . . . . . . . . . 568
157M Transfer to another treatment or care place . . . . . . . . 568
157N Use of reasonable force to detain person. . . . . . . . . . 569
157O Examination of person without consent and with use of
reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
157P Return after examination or treatment and care to persons
requested place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
Part 5 Warrant for apprehension of person to
transport person
157Q Application for warrant for apprehension of person . . 570
157R Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571
157S Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . 572
157T Additional procedure if electronic application . . . . . . . 573
157U Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . 575
157V Warrantsentry procedure . . . . . . . . . . . . . . . . . . . . 575
Part 6 Searches of persons in treatment or care
place
157W Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 576
157X Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 576
157Y Power to search on belief of possession of harmful thing 578
157Z Requirements for personal search . . . . . . . . . . . . . . . 579
157ZA Requirements for search requiring the removal of clothing
580
157ZB Requirements for search of possessions . . . . . . . . . . 581
157ZC Record of search must be made . . . . . . . . . . . . . . . . 581
157ZD Seizure of harmful thing . . . . . . . . . . . . . . . . . . . . . . . 582
157ZE Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . 584
157ZF Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . 584
157ZG Relationship with Guardianship and Administration Act 2000
584
Chapter 22 Minor and consequential amendments
923 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586
Schedule 1 Information that applicant, or applicants nominee, is entitled to
receive under an information notice . . . . . . . . . . . . . . . . . . . . 587
1 Information about reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587

Contents
2 Information about transfer application . . . . . . . . . . . . . . . . . . . . . 587

3 Information about tribunal decisions. . . . . . . . . . . . . . . . . . . . . . . 587
4 Information about appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
5 Information about absences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
6 Miscellaneous information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
Schedule 2 Who may appeal to Mental Health Court . . . . . . . . . . . . . . . . . 590
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
Schedule 4 Minor or consequential amendments of particular legislation 614
Bail Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 614
Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 614
Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 614
Commissions of Inquiry Act 1950. . . . . . . . . . . . . . . . . . . . . . . . . 616
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616
Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618
Crime and Corruption Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . 618
Criminal Law Amendment Act 1945 . . . . . . . . . . . . . . . . . . . . . . . 619
Criminal Proceeds Confiscation Act 2002 . . . . . . . . . . . . . . . . . . 619
Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620
Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 626
Hospital and Health Boards Act 2011 . . . . . . . . . . . . . . . . . . . . . 630
Limitation of Actions Act 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . 631
Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 631
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 632
Public Guardian Act 2014. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 632
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634
Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 634
Residential Tenancies and Rooming Accommodation Act 2008 . 634
Statutory Instruments Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 634
Terrorism (Preventative Detention) Act 2005 . . . . . . . . . . . . . . . . 635
Victims of Crime Assistance Act 2009 . . . . . . . . . . . . . . . . . . . . . 635
Weapons Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
Working with Children (Risk Management and Screening) Act 2000 636
Youth Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639

Queensland
Act No. 5 of 2016
An Act to provide for the treatment and care of people who have mental
illnesses and for other purposes, to repeal the Mental Health Act 2000, to
amend this Act, the Criminal Code, the Forensic Disability Act 2011, the
Powers of Attorney Act 1998 and the Public Health Act 2005, and to amend
the Acts mentioned in schedule 4 for particular purposes
[Assented to 4 March 2016]
Part 1 Introduction
[s 1]
The Parliament of Queensland enacts
Part 1 Introduction
1 Short title
This Act may be cited as the Mental Health Act 2016.
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Main objects of Act

(1) The main objects of this Act are
(a) to improve and maintain the health and wellbeing of
persons who have a mental illness who do not have the
capacity to consent to be treated; and
(b) to enable persons to be diverted from the criminal
justice system if found to have been of unsound mind at
the time of committing an unlawful act or to be unfit for
trial; and
(c) to protect the community if persons diverted from the
criminal justice system may be at risk of harming others.
(2) The main objects are to be achieved in a way that
(a) safeguards the rights of persons; and
(b) is the least restrictive of the rights and liberties of a
person who has a mental illness; and

[s 4]
(c) promotes the recovery of a person who has a mental

illness, and the persons ability to live in the community,
without the need for involuntary treatment and care.
(3) For subsection (2)(b), a way is the least restrictive of the rights
and liberties of a person who has a mental illness if the way
adversely affects the persons rights and liberties only to the
extent required to protect the persons safety and welfare or
the safety of others.
4 Act binds all persons

(1) This Act binds all persons, including the State and, as far as
the legislative power of the Parliament permits, the
Commonwealth and the other States.
(2) Nothing in this Act makes the State liable to be prosecuted for
an offence.
Part 2 Principles for administration of

Act
5 Principles for persons with mental illness

The following principles apply to the administration of this
Act in relation to a person who has, or may have, a mental
illness
(a) Same human rights
the right of all persons to the same basic human
rights must be recognised and taken into account
a persons right to respect for his or her human
worth and dignity as an individual must be
recognised and taken into account

[s 5]
(b) Matters to be considered in making decisions

to the greatest extent practicable, a person is to be
encouraged to take part in making decisions
affecting the persons life, especially decisions
about treatment and care
to the greatest extent practicable, in making a
decision about a person, the persons views, wishes
and preferences are to be taken into account
a person is presumed to have capacity to make
decisions about the persons treatment and care and
other matters under this Act
(c) Support persons
to the greatest extent practicable, family, carers and
other support persons of a person who has a mental
illness are to be involved in decisions about the
persons treatment and care, subject to the persons
right to privacy
(d) Provision of support and information
provided with necessary support and information
to enable the person to exercise rights under this
Act, including, for example, providing access to
other persons to help the person express the
persons views, wishes and preferences
(e) Achievement of maximum potential and self-reliance
helped to achieve maximum physical, social,
psychological and emotional potential, quality of
life and self-reliance
(f) Acknowledgement of needs
a persons age-related, gender-related, religious,
communication and other special needs must be
recognised and taken into account
[s 5]
a persons hearing, visual or speech impairment

must be recognised and taken into account
(g) Aboriginal people and Torres Strait Islanders
the unique cultural, communication and other
needs of Aboriginal people and Torres Strait
Islanders must be recognised and taken into
account
Aboriginal people and Torres Strait Islanders
should be provided with treatment, care and
support in a way that recognises and is consistent
with Aboriginal tradition or Island custom, mental
health and social and emotional wellbeing, and is
culturally appropriate and respectful
to the extent practicable and appropriate in the
circumstances, communication with Aboriginal
people and Torres Strait Islanders is to be assisted
by an interpreter
(h) Persons from culturally and linguistically diverse
backgrounds
the unique cultural, communication and other
needs of persons from culturally and linguistically
diverse backgrounds must be recognised and taken
into account
services provided to persons from culturally and
linguistically diverse backgrounds must have
regard to the persons cultural, religious and
spiritual beliefs and practices
to the extent practicable and appropriate in the
circumstances, communication with persons from
culturally and linguistically diverse backgrounds is
to be assisted by an interpreter
(i) Minors
to the greatest extent practicable, a minor receiving
treatment and care must have the minors best
[s 6]
interests recognised and promoted, including, for

example, by receiving treatment and care
separately from adults if practicable and by having
the minors specific needs, wellbeing and safety
recognised and protected
(j) Maintenance of supportive relationships and
community participation
to the greatest extent practicable, the importance of
a persons continued participation in community
life and maintaining existing supportive
relationships are to be taken into account,
including, for example, by providing treatment in
the community in which the person lives
(k) Importance of recovery-oriented services and
reduction of stigma
the importance of recovery-oriented services and
the reduction of stigma associated with mental
illness must be recognised and taken into account
(l) Provision of treatment and care
treatment and care provided under this Act must be
provided to a person who has a mental illness only
if it is appropriate for promoting and maintaining
the persons health and wellbeing
(m) Privacy and confidentiality
a persons right to privacy and confidentiality of
information about the person must be recognised
and taken into account.
6 Principles for victims and others

(1) The principles mentioned in subsection (2) apply to the
administration of this Act in relation to each of the following
(each a victim)
(a) a victim of an unlawful act;
[s 7]
(b) a close relative of a victim of an unlawful act;

(c) another individual who has suffered harm because of an
unlawful act committed against a person mentioned in
paragraph (a).
(2) The principles are the following
(a) the physical, psychological and emotional harm caused
to the victim by the unlawful act must be recognised
with compassion;
(b) the benefits of counselling, advice on the nature of
proceedings under this Act and other support services to
the recovery of the victim from the harm caused by the
unlawful act must be recognised;
(c) the benefits to the victim of being advised in a timely
way of proceedings under this Act against a person in
relation to the unlawful act must be recognised;
(d) the benefits to the victim of the timely completion of
proceedings against a person in relation to the unlawful
act must be recognised;
(e) the benefits to the victim of being advised in a timely
way of a decision to allow a person to be treated in the
community must be recognised;
(f) the benefits to the victim of being given the opportunity
to express the victims views on the impact of the
unlawful act to decision-making entities under this Act
must be recognised.
7 Regard to principles
In performing a function or exercising a power under this Act,
a person is to have regard to the principles mentioned in
sections 5 and 6.

[s 8]
8 Application to person with intellectual disability

To the extent this Act applies to a person who has an
intellectual disability
(a) sections 3 and 5 apply in relation to the person as if a
reference in the sections to a person who has a mental
illness were a reference to a person who has an
intellectual disability; and
(b) a reference in the Act to treatment and care of a person
means a reference to care of the person; and
(c) a reference in the Act to recovery of a person means a
reference to the rehabilitation, and development of
living skills, of the person.
9 Definitions
The dictionary in schedule 3 defines particular words used in
this Act.
10 Meaning of mental illness

(1) Mental illness is a condition characterised by a clinically
significant disturbance of thought, mood, perception or
memory.
(2) However, a person must not be considered to have a mental
illness merely because
(a) the person holds or refuses to hold a particular religious,
cultural, philosophical or political belief or opinion; or
(b) the person is a member of a particular racial group; or
(c) the person has a particular economic or social status; or

[s 11]
(d) the person has a particular sexual preference or sexual

orientation; or
(e) the person engages in sexual promiscuity; or
(f) the person engages in immoral or indecent conduct; or
(g) the person takes drugs or alcohol; or
(h) the person has an intellectual disability; or
(i) the person engages in antisocial behaviour or illegal
behaviour; or
(j) the person is or has been involved in family conflict; or
(k) the person has previously been treated for a mental
illness or been subject to involuntary assessment or
treatment.
(3) Subsection (2) does not prevent a person mentioned in the
subsection having a mental illness.
Examples for subsection (3)
1 A person may have a mental illness caused by taking drugs or
alcohol.
2 A person may have a mental illness as well as an intellectual
disability.
(4) A decision that a person has a mental illness must be made in
accordance with internationally accepted medical standards.
11 Meaning of involuntary patient

An involuntary patient means
(a) a person subject to any of the following
(i) an examination authority;
(ii) a recommendation for assessment;
(iii) a treatment authority;
(iv) a forensic order;
(v) a treatment support order;

[s 12]
(vi) a judicial order; or

(b) a person detained in an authorised mental health service
or public sector health service facility under section 36;
or
(c) a person from another State detained in an authorised
mental health service under section 368(4).
12 Meaning of treatment criteria

(1) The treatment criteria for a person are all of the following
(a) the person has a mental illness;
(b) the person does not have capacity to consent to be
treated for the illness;
(c) because of the persons illness, the absence of
involuntary treatment, or the absence of continued
involuntary treatment, is likely to result in
(i) imminent serious harm to the person or others; or
(ii) the person suffering serious mental or physical
deterioration.
(2) For subsection (1)(b), the persons own consent only is
relevant.
(3) Subsection (2) applies despite the Guardianship and
Administration Act 2000, the Powers of Attorney Act 1998 or
any other law.
13 Meaning of less restrictive way

(1) For this Act, there is a less restrictive way for a person to
receive treatment and care for the persons mental illness if,
instead of receiving involuntary treatment and care, the person
is able to receive the treatment and care that is reasonably
necessary for the persons mental illness in 1 of the following
ways

[s 13]
(a) if the person is a minorwith the consent of the minors

parent;
(b) if the person has made an advance health
directiveunder the advance health directive;
(c) if a personal guardian has been appointed for the
personwith the consent of the personal guardian;
(d) if an attorney has been appointed by the personwith
the consent of the attorney;
(e) otherwisewith the consent of the persons statutory
health attorney.
Examples of when there may not be a less restrictive way for a person to
receive the treatment and care that is reasonably necessary for the
persons mental illness
1 An advance health directive does not cover the matters that are
clinically relevant or appropriate for the persons treatment and
care.
2 An advance health directive does not authorise the administration of
the medications that are clinically necessary for the persons
treatment and care.
3 An attorney does not consent to the administration of the
medications that are clinically necessary for the persons treatment
and care.
(2) In deciding whether there is a less restrictive way for a person
to receive the treatment and care that is reasonably necessary
for the persons mental illness, a person performing a function
or exercising a power under this Act must
(a) consider the ways mentioned in subsection (1) in the
listed order set out in the subsection; and
(b) comply with the policy that must be made by the chief
psychiatrist under section 305(1)(a) about when it may
not be appropriate for a person to receive treatment and
care for the persons mental illness under an advance
health directive or with the consent of a personal
guardian, attorney or statutory health attorney for the
person.
[s 14]
(3) To remove any doubt, it is declared that this section does not
limit the power of the public guardian to act as a statutory
health attorney for a person under the Powers of Attorney Act
1998.
(4) In this section
statutory health attorney means the persons statutory health
attorney under the Powers of Attorney Act 1998, section 63(1).
14 Meaning of capacity to consent to be treated

(1) A person has capacity to consent to be treated if the person
(a) is capable of understanding, in general terms
(i) that the person has an illness, or symptoms of an
illness, that affects the persons mental health and
wellbeing; and
(ii) the nature and purpose of the treatment for the
illness; and
(iii) the benefits and risks of the treatment, and
alternatives to the treatment; and
(iv) the consequences of not receiving the treatment;
and
(b) is capable of making a decision about the treatment and
communicating the decision in some way.
(2) A person may have capacity to consent to be treated even
though the person decides not to receive treatment.
(3) A person may be supported by another person in
understanding the matters mentioned in subsection (1)(a) and
making a decision about the treatment.
(4) This section does not affect the common law in relation to
(a) the capacity of a minor to consent to be treated; or
(b) a parent of a minor consenting to treatment of the minor.

[s 15]
15 Responsibility for involuntary patient or forensic

disability client
(1) This section applies if a provision of this Act states that
(a) an authorised mental health service is responsible for an
involuntary patient; or
(b) the forensic disability service is responsible for a person
subject to a forensic order (disability).
(2) If subsection (1)(a) applies, the administrator of the
authorised mental health service is responsible for the
treatment and care of the involuntary patient under the
authority or order to which the person is subject.
(3) If subsection (1)(b) applies, the administrator of the forensic
disability service is responsible for the care of the person
under the forensic order (disability) to which the person is
subject.
16 Purpose of limited community treatment

The purpose of limited community treatment is to support a
patients recovery by transitioning the patient to living in the
community with appropriate treatment and care.
17 Purpose of pt 4
This part gives an overview of this Act.
18 Treatment authorities
(1) A treatment authority is a lawful authority to provide
treatment and care to a person who has a mental illness who
does not have capacity to consent to be treated.
[s 19]
(2) A treatment authority may be made for a person if an

authorised doctor considers the treatment criteria apply to the
person and there is no less restrictive way for the person to
receive treatment and care for the persons mental illness,
including, for example, under an advance health directive.
(3) Key elements of the treatment criteria are that the person does
not have capacity to consent to be treated and there is a risk of
imminent serious harm to the person or others.
(4) The category of a treatment authority is
(a) community, if the persons treatment and care needs can
be met in the community; or
(b) inpatient, if the persons treatment and care needs can be
met only by being an inpatient.
(5) If the category of a persons treatment authority is inpatient,
the person may receive limited community treatment, for a
period of not more than 7 consecutive days, if authorised
under this Act.
19 Persons in custody
A person in custody, including, for example, in a watch house
or prison, may be transferred to an authorised mental health
service for an assessment to decide if a treatment authority
should be made for the person, or for treatment and care for
the persons mental illness.
20 Psychiatrist reports
(1) If a person subject to a treatment authority, forensic order or
treatment support order is charged with a serious offence, the
person, or someone on the persons behalf, may request that a
psychiatrist prepare a report stating the psychiatrists opinion
about whether the person
(a) may have been of unsound mind at the time of the
alleged commission of the serious offence; or
[s 21]
(b) may be unfit for trial.

(2) Also, if a person is charged with a serious offence, whether or
not the person is subject to a treatment authority, forensic
order or treatment support order, the chief psychiatrist may
direct that a psychiatrist prepare a report about the matters
mentioned in subsection (1) if the chief psychiatrist considers
it is in the public interest.
(3) A serious offence is an indictable offence, other than an
offence that, under the Criminal Code, must be heard and
decided summarily.
21 Mental Health Court

(1) The Mental Health Court decides whether a person charged
with a serious offence or other particular offences was of
unsound mind or, for the offence of murder, of diminished
responsibility, when the offence was allegedly committed or is
unfit for trial.
(2) If the court decides a person was of unsound mind when the
offence was allegedly committed, or is unfit for trial, the court
may make a forensic order or treatment support order for the
person.
(3) The forensic order may be a forensic order (mental health) or
a forensic order (disability).
(4) The court must also decide the category of the order and, if
the category is inpatient, any limited community treatment for
the person.
(5) If the court decides a person is unfit for trial and the unfitness
for trial is not permanent, the persons fitness for trial is
periodically reviewed by the Mental Health Review Tribunal.
22 Magistrates Courts
(1) A Magistrates Court may dismiss a complaint for a simple
offence if the court is reasonably satisfied, on the balance of
probabilities, that the person charged with the offence was, or
[s 23]
appears to have been, of unsound mind when the offence was

allegedly committed or is unfit for trial.
(2) A Magistrates Court may also order that a person appearing
before the court be examined by an authorised doctor to
decide whether to make a treatment authority for the person or
to make recommendations about the persons treatment and
care.
23 Treatment and care of patients

(1) The treatment and care of a patient is the responsibility of
authorised doctors and administrators of authorised mental
health services.
(2) A person subject to a treatment authority must be regularly
assessed to decide if the treatment authority should continue.
(3) An authorised doctor may amend a persons treatment
authority, forensic order or treatment support order by
changing the category of the authority or order, its conditions,
or the nature or extent of limited community treatment.
(4) An amendment of an authority or order by an authorised
doctor must be in accordance with decisions of the Mental
Health Court and the Mental Health Review Tribunal.
(5) To the extent practicable, decisions in relation to treatment
and care for a patient must be made in consultation with the
patient and the patients family, carers and other support
persons, subject to the patients right to privacy.
(6) The performance of electroconvulsive therapy and
non-ablative neurosurgical procedures is regulated under this
Act.
(7) Psychosurgery is prohibited under this Act.

[s 24]
24 Mechanical restraint, seclusion, physical restraint and

other practices
(1) The use of mechanical restraint, seclusion, physical restraint,
and other practices are regulated under this Act.
(2) The use of mechanical restraint on an involuntary patient in an
authorised mental health service must be approved by the
chief psychiatrist.
(3) Mechanical restraint and seclusion may be used only if there
is no other reasonably practicable way to protect the patient or
others from physical harm.
25 Rights of patients
(1) This Act provides for a statement of rights for involuntary
patients and other patients of authorised mental health
services.
(2) A person may appoint 1 or 2 nominated support persons to
support the person under this Act if the person becomes an
involuntary patient.
(3) The health service chief executive responsible for a public
sector mental health service must appoint 1 or more
independent patient rights advisers to advise patients and their
nominated support persons, family, carers and other support
persons of their rights under this Act.
26 Chief psychiatrist
(1) The chief psychiatrist protects the rights of patients in
authorised mental health services.
(2) The chief psychiatrist makes policies and practice guidelines
that must be complied with by persons performing functions
in authorised mental health services.
(3) The chief psychiatrist has powers to investigate matters under
this Act.

[s 27]
27 Information notices
Victims of unlawful acts, close relatives of the victims, and
other particular persons may apply to the chief psychiatrist to
receive specific information about the person who committed
the unlawful act, including when treatment in the community
is authorised for the person.
28 Mental Health Review Tribunal

(1) The Mental Health Review Tribunal reviews the following
(a) treatment authorities;
(b) forensic orders;
(c) treatment support orders;
(d) the fitness for trial of particular persons;
(e) the detention of minors in high security units.
(2) The Mental Health Review Tribunal also hears applications
for the following
(a) examination authorities;
(b) the approval of regulated treatment;
(c) the transfer of particular patients into and out of
Queensland.
(3) This Act states when periodic reviews of treatment
authorities, forensic orders and treatment support orders must
take place.
(4) An involuntary patient, or an interested person for the patient,
may apply for a review at any time.
29 Appeals
This Act provides for
(a) an appeal to the Mental Health Review Tribunal against
particular decisions of the chief psychiatrist or the

Chapter 2 Making of treatment authorities after examination and assessment
Part 1 Preliminary
[s 30]
administrator of an authorised mental health service;

and
(b) an appeal to the Mental Health Court against particular
decisions of the Mental Health Review Tribunal; and
(c) an appeal to the Court of Appeal against a decision of
the Mental Health Court on a reference in relation to a
person.
Chapter 2 Making of treatment

authorities after
examination and
assessment
Part 1 Preliminary
30 Purpose of ch 2
The purpose of this chapter is to provide for
(a) matters relating to the examination and assessment of
persons who may have a mental illness; and
(b) the making of treatment authorities for persons who
have a mental illness if
(i) the treatment criteria apply to the person; and
(ii) there is no less restrictive way for the person to
receive treatment and care for the persons mental
illness.
Note
See also chapter 3 for other matters in relation to persons in custody
who have or may have a mental illness.

[s 31]
Part 2 Examinations and

recommendations for
assessment
Division 1 Examinations generally
31 Examination
(1) A doctor or authorised mental health practitioner may
examine a person to decide whether to make a
recommendation for assessment for the person.
(2) Without limiting subsection (1), the examination may be
carried out
(a) if the person asks for, or consents to, the examination; or
(b) under this Act or another Act providing for the
examination, including, for example, under an
examination authority or emergency examination
authority.
Note
See chapter 12, part 8 in relation to applications for examination
authorities.
(3) However, a doctor or authorised mental health practitioner
must not examine a person subject to a forensic order (mental
health), forensic order (Criminal Code) or treatment support
order to decide whether to make a recommendation for
assessment for the person.

[s 32]
Division 2 Powers under examination

authorities
32 Powers of doctor or authorised mental health practitioner

(1) This section applies if a person is subject to an examination
authority.
(2) A doctor or authorised mental health practitioner may
(a) enter a place stated in the authority or another place in
which the doctor or authorised mental health
practitioner considers the person may be found, and any
other place necessary for entry to either of those places,
to find the person; and
(b) examine the person, without the persons consent, at
(i) the place at which the person is found; or
(ii) if the doctor or authorised mental health
practitioner considers it clinically appropriatean
authorised mental health service or public sector
health service facility; and
(c) detain the person at the place at which the person is
examined for the period reasonably necessary for the
examination.
(3) If subsection (2)(b)(ii) applies to the person, an authorised
person may transport the person to the authorised mental
health service or public sector health service facility for the
examination.
33 Reasonable help and force to exercise powers

A doctor or authorised mental health practitioner may
exercise a power under section 32 with the help, and using the
force, that is necessary and reasonable in the circumstances.

[s 34]
34 Asking police officer for help

For performing a function or exercising a power under section
32 in relation to a person, a doctor or authorised mental health
practitioner is a public official for the Police Powers and
Responsibilities Act 2000.
Note
For the powers of a police officer while helping a public official, see the
Police Powers and Responsibilities Act 2000, section 16.
35 Action before exercising powers

(1) Before performing a function or exercising a power under
section 32 in relation to a person, a doctor or authorised
mental health practitioner must do or make a reasonable
attempt to do each of the following
(a) identify himself or herself to the person;
(b) tell the person an examination authority has been made;
(c) explain to the person, in general terms, the nature and
effect of the authority;
(d) give the person a copy of the authority, if requested;
(e) if the doctor or health practitioner is entering a
placegive the person an opportunity to allow the
doctor or health practitioner immediate entry to the
place without using force.
(2) However, the doctor or authorised mental health practitioner
need not comply with subsection (1) if the doctor or health
practitioner believes on reasonable grounds that not
complying with the subsection is required to ensure the
execution of the authority is not frustrated.
(3) The doctor or authorised mental health practitioner must give
a copy of the authority to the persons nominated support
persons, personal guardian or attorney, if requested.

[s 36]
Division 3 Detention of particular persons to

make recommendation for
assessment
36 Powers of doctor or authorised mental health practitioner

(1) This section applies if
(a) a person asks for, or consents to, an examination under
section 31 by a doctor or authorised mental health
practitioner in an authorised mental health service or
public sector health service facility; and
(b) after examining the person, the doctor or authorised
mental health practitioner decides under section 39 to
make a recommendation for assessment for the person;
and
(c) there is a risk the person will leave the authorised mental
health service or public sector health service facility in
which the person is being examined before the
recommendation for assessment is made.
(2) The doctor or authorised mental health practitioner may
detain the person in the authorised mental health service or
public sector health service facility for the period, of not more
than 1 hour, reasonably necessary to make the
recommendation for assessment.
(3) The doctor or authorised mental health practitioner must
record in the persons health records
(a) the reasons for detaining the person under subsection
(2); and
(b) the duration of the detention.
37 Reasonable help and force to exercise powers

A doctor or authorised mental health practitioner may
exercise a power under section 36 with the help, and using the
[s 38]
38 Action before exercising powers

Before exercising a power under section 36 in relation to a
person, a doctor or authorised mental health practitioner must
do or make a reasonable attempt to do the following
(a) identify himself or herself to the person;
(b) tell the person a recommendation for assessment will be
made;
(c) explain to the person, in general terms, the nature and
effect of a recommendation for assessment;
(d) explain to the person that the person will be detained in
the authorised mental health service or public health
service facility for the period, of not more than 1 hour,
reasonably necessary to make the recommendation for
assessment;
(e) give the person an opportunity to allow the doctor or
health practitioner to make the recommendation for
assessment without detaining the person.
Division 4 Recommendations for assessment
39 Making recommendation for assessment

(1) A doctor or authorised mental health practitioner may, after
examining a person under section 31, make a recommendation
for assessment for the person if satisfied
(a) the treatment criteria may apply to the person; and
(b) there appears to be no less restrictive way for the person
to receive treatment and care for the persons mental
illness.
(2) The recommendation for assessment must be made within 7
days after the examination.
(3) The recommendation for assessment must be in the approved
form.
[s 40]
40 Notice of making
(1) As soon as practicable after deciding to make the
recommendation for assessment, the doctor or authorised
mental health practitioner must
(a) tell the person of the decision; and
(b) explain to the person the effect of the recommendation;
and
(c) give the person a copy of the recommendation, if
requested.
(2) Subsection (1)(c) does not apply if the doctor or authorised
mental health practitioner considers giving the person a copy
may adversely affect the health and wellbeing of the person.
(3) Also, the doctor or authorised mental health practitioner must
give a copy of the recommendation to the persons nominated
support persons, personal guardian or attorney, if requested.
41 Duration
A recommendation for assessment is in force for 7 days after
the day it is made.
42 Revocation
(1) A doctor or authorised mental health practitioner who makes a
recommendation for assessment for a person may revoke the
recommendation at any time before the start of the assessment
period for the person.
(2) The doctor or authorised mental health practitioner may act
under subsection (1) only if the doctor or health practitioner is
no longer satisfied
(a) the treatment criteria may apply to the person; or
(b) there appears to be no less restrictive way for the person
illness.
Part 3 Assessments
[s 43]
Part 3 Assessments
43 Making assessment
(1) An authorised doctor may make an assessment of a person
subject to a recommendation for assessment to decide
(a) whether the treatment criteria apply to the person; and
(b) whether there is a less restrictive way for the person to
illness.
(2) The authorised doctor who makes the assessment under
subsection (1) must not be the authorised doctor who made
the recommendation for assessment for the person.
(3) Subsection (2) does not apply if the authorised doctor is an
authorised doctor for an authorised mental health service
(rural and remote) and is the only authorised doctor
reasonably available to make the assessment.
(4) For subsection (1)(b), the authorised doctor must take
reasonable steps to find out whether there is a less restrictive
way for the person to receive treatment and care for the
persons mental illness, including, for example, by searching
the persons health records to find out whether the person has
made an advance health directive or has a personal guardian.
44 Where and how person may be assessed

(1) A person subject to a recommendation for assessment may be
assessed in
(a) an authorised mental health service; or
(b) a public sector health service facility; or
(c) another place considered clinically appropriate by the
authorised doctor making the assessment.

Part 3 Assessments
[s 45]
(2) An authorised person may transport the person to an

authorised mental health service or a public sector health
service facility for assessment.
Notes
1 For a person in custody subject to a recommendation for
assessment, see section 65.
2 For the powers of an authorised person when detaining and
transporting a person, see chapter 11, part 6, division 5.
(3) An authorised doctor making an assessment of a person must
discuss the assessment with the person.
45 Detention for assessment

(1) If a person subject to a recommendation for assessment is to
be assessed in an authorised mental health service or public
sector health service facility, the person may be detained for
assessment in the service or facility for a period of not more
than 24 hours starting
(a) if the person is at the service or facility when the
recommendation for assessment is madewhen the
recommendation is made; or
(b) otherwisewhen the person is first transported and
admitted under the recommendation to the service or
facility.
(2) The authorised doctor making the assessment of the person
may extend, or further extend, the period under subsection (1)
before it ends to a period of not more than 72 hours after it
starts if the authorised doctor considers the extension is
necessary to carry out or finish the assessment.
(3) If, at any time during the period mentioned in subsection (1),
or extended under subsection (2), the authorised doctor
making the assessment makes a decision on the assessment,
the period for which the person may be detained for
assessment ends.

Part 3 Assessments
[s 46]
(4) The period under this section for which the person may be
detained for assessment is the assessment period for the
person.
46 Start of assessment period to be noted

(1) If the assessment period for a person starts as mentioned in
section 45(1)(a)
(a) the doctor or authorised mental health practitioner who
made the recommendation for assessment for the person
must make a note on the recommendation of the time
when the assessment period starts; and
(b) the note must be made when the recommendation for
assessment is made.
(2) If the assessment period for a person starts as mentioned in
section 45(1)(b)
(a) a health service employee must make a note on the
recommendation for assessment of the time when the
assessment period starts; and
(b) the note must be made as soon as practicable after the
person is admitted to the service or facility.
47 Explaining decision not to make treatment authority

(1) This section applies if, on making an assessment of a person
subject to a recommendation for assessment, an authorised
doctor decides
(a) the treatment criteria do not apply to the person; or
(b) there is a less restrictive way for the person to receive
treatment and care for the persons mental illness.
(2) The authorised doctor must
(b) explain its effect to the person; and

[s 48]
(c) make a note on the recommendation for assessment of

the decision not to make a treatment authority for the
person.
48 Application of pt 4
This part applies if, on making an assessment of a person
under part 3, the authorised doctor making the assessment is
satisfied
(a) the treatment criteria apply to the person; and
(b) there is no less restrictive way for the person to receive
49 Making treatment authority

The authorised doctor may make an authority (a treatment
authority) for the person.
50 Form of treatment authority

(1) The treatment authority must
(a) be in the approved form; and
(b) state the following
(i) the grounds on which the authorised doctor is
satisfied the treatment criteria apply to the person;
(ii) the authorised mental health service responsible
for the persons treatment and care under the
authority;
(iii) the category of the authority;

[s 51]
(iv) if the authorised doctor decides under section 51(1)

that the category of the authority is
inpatientwhether limited community treatment
is authorised for the person;
(v) the nature and extent of the treatment and care to
be provided to the person;
(vi) any conditions the authorised doctor considers
necessary for the persons treatment and care.
Note
See schedule 3, definition condition.
(2) For subsection (1)(b)(ii), if the authorised doctor decides
under section 51(1) that the category of the authority is
inpatient, the authorised mental health service responsible for
the persons treatment and care must not be a high security
unit without the prior written approval of the chief
psychiatrist.
51 Category
(1) If the authorised doctor makes a treatment authority for the
person, and the person is not a classified patient, the
authorised doctor must decide whether the category of the
authority is
(a) inpatient; or
(b) community.
(2) In deciding the category of the authority, the authorised doctor
must have regard to the relevant circumstances of the person.
(3) However, the authorised doctor may decide the category of
the authority is inpatient only if the authorised doctor
considers, after having regard to the relevant circumstances of
the person, that 1 or more of the following can not reasonably
be met if the category of the authority is community
(a) the persons treatment and care needs;
(b) the safety and welfare of the person;
[s 52]
(c) the safety of others.

(4) If the person is a classified patient, the category of the
authority is inpatient.
52 Limited community treatment

(1) If the authorised doctor decides under section 51(1) that the
category of the treatment authority is inpatient, the authorised
doctor must decide whether to authorise limited community
treatment.
Note
See chapter 7, part 6 for the authorisation of limited community
treatment for classified patients.
(2) The authorised doctor may decide to authorise limited
community treatment only if satisfied limited community
treatment is appropriate having regard to
(a) the relevant circumstances of the person; and
(b) the purpose of limited community treatment.
(3) If limited community treatment is authorised under this
section, the persons treatment authority must state
(a) the nature and conditions of the limited community
treatment; and
(b) the period, of not more than 7 consecutive days, of the
limited community treatment; and
(c) the duration for which the authorisation is in force.
Example for paragraphs (b) and (c)
limited community treatment may be authorised for a period of 1 day
per week for a duration of 8 weeks
53 Nature and extent of treatment and care

In deciding the nature and extent of the treatment and care to
be provided to the person under the treatment authority, the
authorised doctor must
[s 54]
(a) discuss the treatment and care to be provided with the

person; and
(b) have regard to the views, wishes and preferences of the
person, to the extent they can be expressed, including,
for example, in an advance health directive.
54 When advance health directive not followed

(a) the person has an advance health directive relating to the
persons future treatment and care for a mental illness;
and
(b) either
(i) the authorised doctor decides to make a treatment
authority despite the person having an advance
health directive; or
(ii) the nature and extent of the treatment and care
decided by the authorised doctor under section 53
is inconsistent with the views, wishes and
preferences of the person expressed in the advance
health directive.
(2) The authorised doctor must
(a) explain to the person the reasons why the authorised
doctor made the decision mentioned in subsection
(1)(b); and
(b) record the reasons in the persons health records.
55 Notice of making
(1) As soon as practicable after making a treatment authority for a
person, the authorised doctor must
(b) explain its effect to the person.

[s 56]
(2) If the authorised doctor is a psychiatrist, the administrator of

the persons treating health service must, within 7 days after
the treatment authority is made
(a) give the person a copy of the authority; and
(b) give the persons nominated support persons, personal
guardian or attorney a copy of the authority, if
requested; and
(c) give the tribunal written notice of its making.
(3) If the authorised doctor is not a psychiatrist, the administrator
of the persons treating health service must
(a) give the person a copy of the authority, if requested; and
requested.
56 Review of treatment authority if not made by psychiatrist

(1) This section applies if a treatment authority is made by an
authorised doctor who is not a psychiatrist.
(2) An authorised psychiatrist must review the treatment authority
and decide whether
(a) to confirm the treatment authority, with or without
amendment; or
(b) to revoke the treatment authority.
(3) The review must happen
(a) within 3 days (the review period) after the treatment
authority is made; or
(b) if the person subject to the treatment authority is a
patient of an authorised mental health service (rural and
remote) and it is not reasonably practicable to complete
the review within 3 dayswithin 7 days (also the
review period) after the treatment authority is made.

[s 57]
(4) An authorised doctor may give the person subject to the

treatment authority a written notice directing the person to
attend for the review at a stated authorised mental health
service or public sector health service facility on a stated day
within the review period.
Note
See chapter 11, part 6, division 3 for the powers that may be used in
relation to a person who does not comply with a direction under
subsection (4).
(5) The person subject to the treatment authority may be detained
for the review in the stated service or facility for a period of
not more than 6 hours starting when the person is admitted to
the service or facility for the review.
(6) A review of a treatment authority does not affect the operation
of the treatment authority before a decision is made to confirm
or revoke it under subsection (2).
57 Decision on review
(1) On a review under section 56 of a treatment authority, the
authorised psychiatrist may decide to confirm the treatment
authority only if satisfied
(2) If the authorised psychiatrist decides to confirm the treatment
authority, the authorised psychiatrist must
(a) decide whether to amend the treatment authority in any
of the following ways
(i) to change the category of the authority;
(ii) to authorise or revoke, or change the nature or
extent of, limited community treatment;
(iii) to impose a condition on, or change a condition of,
the authority; and
[s 57]
(b) decide the nature and extent of the treatment and care to
be provided to the person under the treatment authority.
(3) In deciding
(a) whether to change the category of the authority, section
51 applies to the authorised psychiatrist as if a reference
in the section to an authorised doctor were a reference to
the authorised psychiatrist; and
(b) whether to authorise or revoke, or change the nature or
extent of, limited community treatment, section 52
applies to the authorised psychiatrist as if a reference in
the section to an authorised doctor were a reference to
the authorised psychiatrist; and
(c) the nature and extent of the treatment and care to be
provided to the person, section 53 applies to the
authorised psychiatrist as if a reference in the section to
an authorised doctor were a reference to the authorised
psychiatrist.
(4) If, after reviewing the treatment authority, the authorised
psychiatrist is not satisfied of the matters mentioned in
subsection (1), the authorised psychiatrist must decide to
revoke the treatment authority.
(5) The authorised psychiatrist must make a note on the treatment
authority of the decision on the review.
(6) If a treatment authority made by an authorised doctor who is
not an authorised psychiatrist is not confirmed under
subsection (1) or revoked under subsection (4) within the
review period for the treatment authority, the treatment
authority is revoked at the end of the review period.
(7) However, subsection (6) does not apply if the person does not
attend for the review as directed under section 56(4).

[s 58]
58 Notice about review

(1) As soon as practicable after making a decision under section
57 on a review of a treatment authority for a person, the
authorised psychiatrist must
(b) explain its effect to the person.
(2) If the decision on the review is to confirm the treatment
authority, the administrator of the persons treating health
service must, within 7 days after the decision
(a) give the person a copy of the authority; and
requested; and
(c) give the tribunal written notice of the decision.
59 Date for first assessment

(1) If an authorised doctor makes a treatment authority for a
person, the authorised doctor must decide and record in the
persons health records a date for the first regular assessment
of the patient under section 205.
(2) The date for the assessment must be not later than 3 months
after the day the treatment authority is made.
60 Relationship with forensic order (disability)

If a treatment authority for a person is inconsistent with a
forensic order (disability) for the person, the forensic order
(disability) prevails to the extent of the inconsistency.

Part 1 Preliminary
[s 61]
Part 1 Preliminary
61 Purpose of ch 3
(a) the transport of persons in custody to an inpatient unit of
an authorised mental health service
(i) for assessment under chapter 2, part 3; or
(ii) to receive treatment and care under this Act for the
persons mental illness; and
(b) persons subject to examination orders or court
examination orders remaining in an inpatient unit of an
authorised mental health service to receive treatment
and care under this Act for the persons mental illness;
and
(c) particular requirements that apply when persons become
classified patients; and
(d) the return to custody, or release from detention in an
authorised mental health service, of classified patients.
62 Definitions for ch 3
In this chapter
administrator consent, for a person in custody, means consent
given by the administrator of an authorised mental health
service under section 69 for the transport of the person.
classified patient see section 64(1).
classified patient (involuntary) see section 64(2).
classified patient (voluntary) see section 64(3).

Part 1 Preliminary
[s 63]
custodian consent, for a person in custody, means consent

given under section 71 for the transport of the person.
notice event see section 81(1).
person in custody see section 63.
transfer recommendation see section 68(2).
63 Meaning of person in custody

(1) A person in custody is a person who is in lawful custody
(a) on a charge of an offence or awaiting sentence on
conviction for an offence; or
(b) without charge under
(i) an Act of the State, other than this Act; or
(ii) an Act of the Commonwealth; or
(c) serving a sentence of imprisonment, or period of
detention under a court order, for an offence and who is
not released on parole.
(2) To remove any doubt, it is declared that an offence mentioned
in subsection (1) includes an offence against a law of the
Commonwealth.
Note
See the Judiciary Act 1903 (Cwlth), section 68 (Jurisdiction of State and
Territory courts in criminal cases).
64 Meaning of classified patient

(1) A classified patient is
(a) a classified patient (involuntary); or
(b) a classified patient (voluntary).
(2) A classified patient (involuntary) is
(a) a person who is
(i) subject to any of the following
Part 1 Preliminary
[s 64]
(A) a recommendation for assessment;

(B) a treatment authority;
(C) a forensic order (mental health);
(D) a treatment support order; and
(ii) transported under part 2 from a place of custody to
an inpatient unit of an authorised mental health
service; and
(iii) admitted to the inpatient unit of the authorised
mental health service; or
(b) a person who
(i) is subject to any of the following
(A) a treatment authority;
(B) a forensic order (mental health);
(C) a treatment support order; and
(ii) remains in an inpatient unit of an authorised mental
health service under section 74.
(3) A classified patient (voluntary) is
(a) a person who
(i) is transported under part 2 from a place of custody
to an inpatient unit of an authorised mental health
service; and
(ii) is admitted to the inpatient unit of the authorised
mental health service; and
(iii) consents under section 67 or 79 to receiving
treatment and care for the persons mental illness
in the inpatient unit of the authorised mental health
service; or
(b) a person who
(i) remains in an inpatient unit of an authorised mental
health service under section 74; and

Part 2 Transport of persons in custody to authorised mental health services
[s 65]
(ii) consents under section 74 to receiving treatment

and care for the persons mental illness in the
inpatient unit of the authorised mental health
service.
Part 2 Transport of persons in

custody to authorised mental
health services
65 Transport for assessment

(1) This section applies to a person in custody who is subject to a
recommendation for assessment.
(2) The person may be transported by an authorised person from
the persons place of custody to an inpatient unit of an
authorised mental health service for assessment under chapter
2, part 3.
(3) The authorised person may transport the person only if both of
the following have been made for the person
(a) an administrator consent;
(b) a custodian consent.
(4) Despite section 44(1) and (2), the person may be transported
only to, and assessed only in, an inpatient unit of an
authorised mental health service.
66 Transport for treatment and care under treatment

authority or particular orders
(1) This section applies to a person in custody who is subject to a
treatment authority, forensic order (mental health) or
treatment support order.

[s 67]

authorised mental health service to receive treatment and care
for the persons mental illness.
(3) The authorised person may transport the person only if all of
(a) a transfer recommendation;
(b) an administrator consent;
(c) a custodian consent.
(4) When the person is admitted to the inpatient unit of the
authorised mental health service
(a) if the category of the persons treatment authority,
forensic order (mental health) or treatment support order
is communitythe category is changed to inpatient; and
(b) if limited community treatment has been authorised for
the person by an authorised doctor under section 52, 57,
209, 212 or 216the authorisation is revoked; and
(c) if limited community treatment has been ordered or
approved by the Mental Health Court or tribunalthe
order or approval is of no effect while the person is
receiving treatment and care for the persons mental
illness in the inpatient unit.
67 Transport for treatment and care by consent

(1) This section applies to a person in custody who
(a) is not subject to a treatment authority, forensic order
(mental health) or treatment support order; and
(b) consents to receiving treatment and care for the persons
mental illness in an inpatient unit of an authorised
mental health service.
[s 68]
authorised mental health service to receive treatment and care

for the persons mental illness.
(3) The authorised person may transport the person only if all of
(a) a transfer recommendation;
(4) The person may withdraw the persons consent under
subsection (1)(b) at any time.
Note
If the person withdraws consent, see sections 80 and 83.
(5) Subsection (4) does not prevent a treatment authority being
made under chapter 2 for the person.
68 Transfer recommendation
(a) is subject to a treatment authority, forensic order (mental
health) or treatment support order; or
(b) consents to receiving treatment and care for the persons
(2) A doctor or authorised mental health practitioner may, in the
approved form, make a recommendation (a transfer
recommendation) for the person to be transported by an
authorised person from the persons place of custody to an
inpatient unit of an authorised mental health service to receive
(3) The doctor or authorised mental health practitioner may make
the transfer recommendation only if satisfied
(a) for a person who is not subject to a treatment authority,
forensic order (mental health) or treatment support
orderthe person may have a mental illness; and
[s 69]
(b) it is clinically appropriate for the person to receive

treatment and care for the persons mental illness in an
(4) As soon as practicable after making the transfer
recommendation, the doctor or authorised mental health
practitioner must
(a) tell the person of the making of the transfer
recommendation; and
(c) give the person a copy of the transfer recommendation,
if requested.
(5) Subsection (4)(c) does not apply if the doctor or authorised
mental health practitioner considers giving the copy may
adversely affect the health and wellbeing of the person.
(6) Also, the doctor or authorised mental health practitioner must
give a copy of the transfer recommendation to the persons
nominated support persons, personal guardian or attorney, if
requested.
69 Administrator consent
(a) is subject to a recommendation for assessment; or
(b) is subject to a treatment authority, forensic order (mental
(c) consents to receiving treatment and care for the persons
(2) The administrator of an authorised mental health service may,
in the approved form, consent to the person in custody being
transported by an authorised person from the persons place of
custody to an inpatient unit of the authorised mental health
service

[s 70]
(a) for a person mentioned in subsection (1)(a)for

assessment under chapter 2, part 3; or
(b) for a person mentioned in subsection (1)(b) or (c)to
illness.
(3) The administrator may consent only if satisfied
(a) the authorised mental health service has capacity
(i) for a person mentioned in subsection (1)(a)to
carry out the assessment; or
(ii) for a person mentioned in subsection (1)(b) or
(c)to provide treatment and care for the persons
mental illness; and
(b) for an authorised mental health service that is not a high
security unitthat carrying out the assessment, or
providing the treatment and care, would not pose an
unreasonable risk to the safety of the person or others
having regard to
(i) the persons mental state and psychiatric history;
and
(ii) the persons treatment and care needs; and
(iii) the security requirements for the person.
70 Prior approval of chief psychiatrist for transport of minor

to high security unit
(1) If a person in custody mentioned in section 69(1) is a minor,
the administrator of an authorised mental health service that is
a high security unit must not give consent under section 69 for
the transport of the minor from the minors place of custody to
the high security unit unless the chief psychiatrist has given
prior written approval of the giving of the consent.
(2) In deciding whether to give the approval, the chief psychiatrist
must have regard to the following
(a) the minors mental state and psychiatric history;
[s 71]
(b) the minors treatment and care needs;

(c) the security requirements for the minor.
(3) As soon as practicable after deciding to give the approval, the
chief psychiatrist must give a copy of the written approval to
the administrator.
71 Custodian consent
(a) is subject to a recommendation for assessment; or
(b) is subject to a treatment authority, forensic order (mental
(c) consents to receiving treatment and care for the persons
(2) The custodian of the person in custody must, in the approved
form, consent to the person being transported by an authorised
person from the persons place of custody to an inpatient unit
of an authorised mental health service
(a) for a person mentioned in subsection (1)(a)for
assessment under chapter 2, part 3; or
(b) for a person mentioned in subsection (1)(b) or (c)to
illness.
(3) However, subsection (2) does not apply if the custodian is
satisfied that carrying out the assessment, or providing the
treatment and care, would pose an unreasonable risk to the
safety of the person or others having regard to the security
requirements for the person.
(4) The approved form must state the particular authorised mental
health service to which the person is to be transported for the
assessment or the treatment and care.

[s 72]
72 Notice to chief psychiatrist if person in custody not

transported within 72 hours
(a) a person mentioned in section 65 is not transported to an
inpatient unit of an authorised mental health service
within 72 hours after the recommendation for
assessment for the person is made; or
(b) a person mentioned in section 66 or 67 is not transported
to an inpatient unit of an authorised mental health
service within 72 hours after the transfer
recommendation for the person is made.
(2) As soon as practicable after the end of the 72 hour period, a
doctor or authorised mental health practitioner must give the
chief psychiatrist written notice that the person has not been
transported to an inpatient unit of an authorised mental health
service under the recommendation for assessment or transfer
recommendation.
73 Chief psychiatrist consent for transport

(1) This section applies if the chief psychiatrist
(a) receives a written notice under section 72(2) about a
person in custody; or
(b) otherwise becomes aware a person has not been
transported to an inpatient unit of an authorised mental
health service under a recommendation for assessment
or transfer recommendation for the person.
(2) The chief psychiatrist may decide to consent to the person
being transported to an inpatient unit of an authorised mental
health service for the assessment or for the treatment and care.
(3) In deciding whether to give consent, the chief psychiatrist
must have regard to the matters to which an administrator of
an authorised mental health service must have regard under
section 69(3) in giving consent under section 69(2).

Part 3 Persons in custody remaining in authorised mental health services
[s 74]
(4) As soon as practicable after the chief psychiatrist decides to

give consent, the chief psychiatrist must give written notice of
the decision to the administrator of the authorised mental
health service to which the person is to be transported.
(5) The chief psychiatrists consent has the same effect as if the
administrator had given consent under section 69(2) for the
transport of the person.
(6) As soon as practicable after receiving the notice under
subsection (4), and subject to a custodian consent being given
for the person, the administrator must arrange for the person
to be transported by an authorised person to the inpatient unit
of the authorised mental health service.
Part 3 Persons in custody remaining

in authorised mental health
services
74 Person subject to examination order or court

examination order remaining in authorised mental health
service
(a) a person is transported by an authorised person, under
an examination order or a court examination order, from
the persons place of custody to an authorised mental
health service; and
(b) the authorised doctor making the examination considers
it is clinically appropriate for the person to receive
treatment and care for the persons mental illness in an
inpatient unit of an authorised mental health service;
and
(c) either
[s 74]
(i) the person is subject to a treatment authority,

order; or
(ii) the person consents to receiving treatment and care
for the persons mental illness in an inpatient unit
of an authorised mental health service.
(2) The person may remain in the inpatient unit of the authorised
mental health service to receive treatment and care for the
persons mental illness if all of the following have been made
for the person
(a) a recommendation in writing by the authorised doctor
for the person to receive treatment and care for the
persons mental illness in an inpatient unit of an
authorised mental health service;
(3) For subsection (2)(a), the authorised doctor may make the
recommendation only if satisfied the person may have a
mental illness and it is clinically appropriate for the person to
receive treatment and care for the persons mental illness in an
(4) For subsection (2)(b), the administrator of an authorised
mental health service may, in the approved form, consent to
the person remaining in an inpatient unit of the authorised
mental health service to receive treatment and care for the
persons mental illness.
(5) The administrator may consent only if satisfied
(a) the authorised mental health service has capacity to
provide treatment and care for the persons mental
illness; and
(b) for an authorised mental health service that is not a high
security unitthat providing the treatment and care
would not pose an unreasonable risk to the safety of the
person or others having regard to
[s 74]
(i) the persons mental state and psychiatric history;

and
(ii) the persons treatment and care needs; and
(iii) the security requirements for the person.
(6) For subsection (2)(c), the custodian of the person must, in the
approved form, consent to the person remaining in an
inpatient unit of the authorised mental health service to
receive treatment and care for the persons mental illness.
(7) However, subsection (6) does not apply if the custodian is
satisfied that providing the treatment and care would pose an
unreasonable risk to the safety of the person or others having
regard to the security requirements for the person.
(8) The authorised doctor may detain the person, under the order,
in the authorised mental health service for the period, of not
more than 7 days, reasonably necessary to obtain an
administrator consent and custodian consent for the person.
(9) When a person mentioned in subsection (1)(c)(i) starts
receiving treatment and care for the persons mental illness as
a classified patient in the inpatient unit of the authorised
mental health service
(a) if the category of the persons treatment authority,
forensic order (mental health) or treatment support order
is communitythe category is changed to inpatient; and
(b) if limited community treatment has been authorised for
the person by an authorised doctor under section 52, 57,
209, 212 or 216the authorisation is revoked; and
(c) if limited community treatment has been approved or
ordered by the Mental Health Court or tribunalthe
approval or order is of no effect while the person is
receiving treatment and care in the inpatient unit.
(10) Also, as soon as practicable after the person remains in the
inpatient unit of the authorised mental health service to
receive treatment and care for the persons mental illness, the
Part 4 Requirements applying when person in custody becomes classified patient
[s 75]
(a) tell the person of the making of the recommendation

under subsection (2)(a); and
(c) give the person a copy of the recommendation, if
requested.
(11) Subsection (10)(c) does not apply if the authorised doctor
considers giving the copy may adversely affect the health and
wellbeing of the person.
(12) In this section
administrator consent means consent given under subsection
(4).
custodian, of a person, means the custodian of the person
immediately before the making of an examination order or a
court examination order for the person.
custodian consent means consent given under subsection (6).
Part 4 Requirements applying when

person in custody becomes
classified patient
Note
See chapter 15, part 2 for the suspension of criminal proceedings against
a person who becomes a classified patient.
75 Explanation to person in custody who becomes

classified patient
If a person in custody becomes a classified patient
(involuntary) or classified patient (voluntary), an authorised
doctor must explain to the person how this Act applies to the
person.
[s 76]
76 Notice to chief psychiatrist of person in custody

becoming classified patient
As soon as practicable after a person in custody becomes a
classified patient, the administrator of the authorised mental
health service to which the person is transported must give the
chief psychiatrist written notice that the person is a classified
patient.
77 Notice to tribunal of minor in custody becoming

classified patient in high security unit
(1) This section applies if a person in custody who is a minor
becomes a classified patient in a high security unit.
(2) As soon as practicable after the minor becomes a classified
patient, the administrator of the high security unit must give
the tribunal written notice that the minor has been admitted to
the high security unit.
(3) If the minor stops being detained in the high security unit, the
administrator of the high security unit must, as soon as
practicable, give the tribunal written notice of that fact.
78 Examination of classified patient under s 201

In examining a classified patient under section 201, the
authorised doctor examining the patient must consider
whether it is clinically appropriate for the patient to receive
treatment and care for the patients mental illness in an
inpatient unit of an authorised mental health service.
Note
See section 81 for the requirement to give notice to the chief psychiatrist
if the authorised doctor decides it is not clinically appropriate.
79 Classified patient (involuntary) may become classified

patient (voluntary)
(1) This section applies to

[s 79]
(a) a classified patient (involuntary) who is subject to a

recommendation for assessment, if the assessment
period for the patient ends and a treatment authority is
not made for the patient; or
(b) a classified patient (involuntary) who is subject to a
treatment authority, forensic order (mental health) or
treatment support order, if the authority or order is
revoked.
(2) Despite subsection (1)(b), this section does not apply if the
tribunal
(a) on revoking the forensic order (mental health), makes
either of the following for the patient
(i) a treatment support order under section 450;
(ii) a treatment authority under section 451(1)(b); or
(b) on revoking the treatment support order, makes a
treatment authority under section 483(1)(b) for the
patient.
(3) The person may be detained in an inpatient unit of an
authorised mental health service as a classified patient
(voluntary) if
(a) an authorised doctor or authorised mental health
practitioner is satisfied
(i) the person has, or may have, a mental illness; and
(ii) it is clinically appropriate for the person to receive
treatment and care for the persons mental illness
in an inpatient unit of an authorised mental health
service; and
(b) the person consents to receiving treatment and care for
the persons mental illness in an inpatient unit of an
(4) The person may withdraw consent under subsection (3)(b) at
any time.

Part 5 Return to custody, or release from detention in authorised mental health service, of
classified patient
[s 80]
Note
If the person withdraws consent, see sections 80 and 83.
(5) Subsection (4) does not prevent a treatment authority being
made under chapter 2 for the person.
80 Notice to chief psychiatrist if classified patient

(voluntary) withdraws consent
(1) This section applies if a person withdraws consent, under
section 67(4) or 79(4), to receiving treatment and care for the
persons mental illness in an inpatient unit of an authorised
(2) As soon as practicable after the person withdraws consent, an
authorised doctor must give the chief psychiatrist written
notice of the persons withdrawal of consent.
Note
See section 83 for the return of the classified patient to custody.
Part 5 Return to custody, or release

from detention in authorised
mental health service, of
classified patient
81 Notice to chief psychiatrist of notice event

(1) This section applies if any of the following happens (each a
notice event)
(a) for a person in custody who has become a classified
patient (involuntary) due to a recommendation for
assessment
(i) the assessment period for the person ends and a
treatment authority is not made for the person; and
classified patient
[s 81]
(ii) the person does not become a classified patient

(voluntary) under section 79;
(b) for a person in custody who has become a classified
patient (involuntary) due to a treatment authority,
order
(i) the authority or order is revoked; and
(ii) the person does not become a classified patient
(voluntary) under section 79;
(c) for a person in custody who has become a classified
patient to receive treatment and care for the patients
mental illnessan authorised doctor is satisfied it is not,
or is no longer, clinically appropriate for the person to
receive treatment and care for the patients mental
illness in an inpatient unit of an authorised mental health
service.
(2) Despite subsection (1)(b)(i), this section does not apply if the
tribunal
(a) on revoking the forensic order (mental health), makes
either of the following for the person
(i) a treatment support order under section 450;
(ii) a treatment authority under section 451(1)(b); or
(b) on revoking the treatment support order, makes a
treatment authority under section 483(1)(b) for the
person.
(3) As soon as practicable after the notice event happens, an
authorised doctor must give the chief psychiatrist written
notice of the notice event.
(4) The notice must
(b) if the notice is about a notice event mentioned in
subsection (1)(c)state the reasons the authorised
doctor is satisfied under that subsection.
classified patient
[s 82]
(5) For a notice about a notice event mentioned in subsection

(1)(a) or (b), the authorised doctor must
(a) tell the classified patient of the notice; and
(b) explain its effect to the classified patient.
82 Chief psychiatrist may decide to return classified patient

to place of custody
(1) The chief psychiatrist, on receiving a notice about a notice
event mentioned in section 81(1)(c), may decide
(a) it is not clinically appropriate for the classified patient to
service; and
(b) the classified patient should be returned under section
83 to a place of custody.
(2) Also, the chief psychiatrist may, on the chief psychiatrists
own initiative, decide
(a) it is not clinically appropriate for a classified patient to
service; and
(b) the classified patient should be returned under section
83 to a place of custody.
(3) As soon as practicable after the chief psychiatrist makes a
decision under subsection (1) or (2), the chief psychiatrist
must give the administrator of the classified patients treating
health service written notice of the decision.
(4) As soon as practicable after receiving a notice under
subsection (3), an authorised doctor for the classified patients
treating health service must
(a) tell the classified patient of the decision; and
(b) explain its effect to the classified patient.
classified patient
[s 83]
83 Return of classified patient to custody

(1) This section applies if any of the following happens (a return
event)
(a) the chief psychiatrist receives notice of a notice event
mentioned in section 81(1)(a) or (b) about a classified
patient;
(b) the chief psychiatrist decides under section 82(1) or (2)
that a classified patient should be returned to a place of
custody;
(c) the chief psychiatrist receives notice under section 80
that a classified patient (voluntary) has withdrawn
consent to receiving treatment and care for the persons
mental health service and a treatment authority has not
been made for the person.
(2) As soon as practicable after the return event happens, the chief
psychiatrist must give written notice to the following persons
of the return event
(a) the custodian who gave the custodian consent for the
person (the first custodian);
(b) if the person is charged with an offence or awaiting
sentence on conviction for an offencethe chief
executive (justice).
(3) Within 1 day after receiving the notice, the first custodian
must make arrangements for an authorised person to transport
the person from the authorised mental health service
(a) to a place in which the person will be in the first
custodians custody; or
(b) if the first custodian agrees with another person (the
second custodian) that the person should be transported
to a place in which the person will be in the second
custodians custodyto the place in which the person
will be in the second custodians custody.

classified patient
[s 84]
(4) An authorised person may transport the person from the

authorised mental health service to the place in which the
person will be in the custody of the first custodian or second
custodian.
(5) The person stops being a classified patient when the person is
discharged from the authorised mental health service into the
custody of the first custodian or second custodian.
(6) As soon as practicable after the chief executive (justice)
receives a notice under subsection (2)(b) about a person, the
chief executive (justice) must give the following persons a
copy of the notice
(a) the registrar of the court in which the proceeding for the
offence has been brought;
(b) the prosecuting authority for the offence;
(c) if the person is a child within the meaning of the Youth
Justice Act 1992the chief executive (youth justice).
84 Person stops being classified patient if Mental Health

Court makes decision on reference
If a reference in relation to a person is made to the Mental
Health Court, the person stops being a classified patient in
relation to the reference when the Mental Health Court makes
a decision on the reference.
85 Release of classified patient

(1) This section applies if an event happens that means there is no
longer a reason for a classified patient to be in lawful custody
if the person were not a classified patient (a release event).
Examples of when there is no longer a reason for a classified patient to be
in lawful custody
the person would be in lawful custody on a charge of an offence,
but the person has been granted bail or the prosecution of the charge
is discontinued

Part 1 Preliminary
[s 86]
the person would be in lawful custody awaiting sentence on

conviction for an offence, but the person has been sentenced to a
term of imprisonment which has been suspended or an order of
imprisonment has not been made
the person would be in lawful custody serving a term of
imprisonment, but the person has been released on parole or the
term of imprisonment ends
(2) Within 1 day after the release event happens, the persons
custodian must give the administrator of the persons treating
health service written notice of the release event.
(3) Immediately after the administrator receives the notice
(a) the person stops being a classified patient; and
(b) the administrator must not detain the person in the
treating health service as a classified patient.
(4) As soon as practicable after receiving the notice, the
administrator must give the chief psychiatrist written notice of
the release event.
(5) Subsection (3) does not limit a power under this Act to detain
a person in an authorised mental health service other than as a
classified patient.
Chapter 4 Psychiatrist reports for

serious offences
Part 1 Preliminary
86 Purpose of ch 4
The purpose of this chapter is to provide for the preparation of
a psychiatrist report and, in particular circumstances, a second
psychiatrist report, about a person charged with a serious

[s 87]
offence, other than an offence against a law of the

Commonwealth.
In this chapter
psychiatrist report, about a person in relation to a charge of a
serious offence, means a report prepared by an authorised
psychiatrist stating whether the authorised psychiatrist
considers the person
(a) may have been of unsound mind when the serious
offence was allegedly committed; or
(b) may be unfit for trial.
second psychiatrist report see section 100(2).
(1) This part applies to a person charged with a serious offence,
other than an offence against a law of the Commonwealth,
who, at the time of the alleged commission of the offence or
any time after the alleged commission of the offence but
before a court makes a final decision in the proceeding for the
offence, is subject to
(a) a treatment authority; or
(b) a forensic order under which a stated authorised mental
health service is responsible for the person; or
(c) a treatment support order.
(2) For subsection (1), it is immaterial if the authority or order is
revoked before the court makes a final decision in the
proceeding for the offence.
[s 89]
89 Administrator must explain effect of request

(1) As soon as practicable after the administrator of the persons
treating health service becomes aware this part applies to the
person, the administrator must
(a) tell the person a request may be made under this part for
a psychiatrist report about the person in relation to the
charge of the serious offence; and
(b) explain to the person the effect of a request if made.
(2) If the person is a minor, the administrator must also explain
the effect of a request to 1 or more of the minors parents.
(3) Subsection (2) does not apply if explaining the effect to 1 or
more of the minors parents does not appear to be in the
minors best interests.
90 Request for psychiatrist report

The following persons may ask the chief psychiatrist for a
psychiatrist report about the person in relation to the charge of
the serious offence
(a) the person;
(b) the persons nominated support person, if the nominated
support person believes the request is in the persons
best interests;
(c) a personal guardian authorised to make decisions for the
person under the Guardianship and Administration Act
2000, if the request is within the guardians authority;
(d) an attorney authorised to make decisions for personal
matters for the person under the Powers of Attorney Act
1998, if the request is within the attorneys authority;
(e) a parent of the person, if the person is a minor;
(f) the persons lawyer, if the person has given instructions
to the lawyer to make the request.
Page 100 2016 Act No. 5

[s 91]
91 Direction to prepare psychiatrist report

(1) Within 7 days after receiving a request under section 90, the
chief psychiatrist must direct the administrator of the persons
treating health service to arrange for an authorised psychiatrist
to prepare a psychiatrist report about the person in relation to
the charge of the serious offence.
(2) However, the chief psychiatrist may decide not to give the
direction if a direction to prepare a psychiatrist report about
the person in relation to the serious offence has been
previously revoked under section 98.
(3) The direction may include a direction for the report to be
prepared about the person also in relation to an associated
offence.
(4) If the chief psychiatrist does not give a direction under
subsection (1), the chief psychiatrist must give the person
making the request a written statement explaining the reasons
for not giving the direction.
Part 3 Psychiatrist report on chief

psychiatrists own initiative
This part applies to a person charged with a serious offence,
other than an offence against a law of the Commonwealth.
93 Direction to prepare psychiatrist report

(1) The chief psychiatrist may, on the chief psychiatrists own
initiative
(a) direct the administrator of the persons treating health
service to arrange for an authorised psychiatrist to
2016 Act No. 5 Page 101

[s 94]
prepare a psychiatrist report about the person in relation

to the charge of the serious offence; or
(b) direct an authorised psychiatrist to prepare a psychiatrist
report about the person in relation to the charge of the
serious offence.
(2) The chief psychiatrist may give the direction only if
satisfied
(a) the person may have a mental condition; and
(b) the person
(i) may have been of unsound mind when the serious
(ii) may be unfit for trial; and
(c) the preparation of the psychiatrist report is in the public
interest.
(3) The direction may include a direction for the report to be
offence.
94 Notice of direction
(1) As soon as practicable after giving the direction, the chief
psychiatrist must give the following persons written notice of
the direction
(a) the person;
(b) if an authorised mental health service is responsible for
the personthe administrator of the service.
(2) A notice given to a person under subsection (1)(a) must
include information about a support person accompanying the
person for the examination under section 97.
Page 102 2016 Act No. 5

[s 95]
Part 4 Preparation of psychiatrist

reports
Note
a person in relation to whom a direction is given for a psychiatrist report
to be prepared.
95 Authorised psychiatrist must prepare psychiatrist report

(1) An authorised psychiatrist who is required under section 91(1)
or 93(1)(a), or directed under section 93(1)(b), to prepare a
psychiatrist report about a person in relation to a charge of a
serious offence must prepare the report within 60 days after
the requirement is made or the direction given.
(2) The chief psychiatrist may extend the period mentioned in
subsection (1) to not more than 90 days after the requirement
is made or the direction given.
(3) In preparing the psychiatrist report, the authorised psychiatrist
must
(a) examine the person; and
(b) obtain and consider health records for the person
relevant to the examination of the person; and
(c) consider any information obtained under section 96.
(4) Also, the authorised psychiatrist may obtain and consider any
other information the authorised psychiatrist considers
relevant to preparing the psychiatrist report.
(5) The psychiatrist report must include information about the
following
(a) the persons mental state and, to the extent practicable,
the persons mental state when the serious offence was
allegedly committed;
2016 Act No. 5 Page 103

[s 96]
(b) whether the authorised psychiatrist considers the person

was of unsound mind when the serious offence was
allegedly committed;
(c) whether the authorised psychiatrist considers the person
is fit for trial;
(d) if the authorised psychiatrist considers the person is
unfit for trialwhether the authorised psychiatrist
considers the unfitness for trial is permanent.
(6) Also, the psychiatrist report may include information about
the matters mentioned in subsection (5) in relation to an
associated offence.
(7) The authorised psychiatrist must give the chief psychiatrist a
copy of the report as soon as practicable after it is prepared.
96 Information from prosecuting authority

(a) an administrator of an authorised mental health service
who is directed under section 91(1) or 93(1)(a) to
arrange for the preparation of a psychiatrist report about
a person in relation to a charge of a serious offence; or
(b) an authorised psychiatrist who is required under section
91(1) or 93(1)(a), or directed under section 93(1)(b), to
prepare a psychiatrist report about a person in relation to
a charge of a serious offence.
(2) The administrator or authorised psychiatrist may ask the
prosecuting authority for the serious offence or associated
offence to which the report relates to give the administrator or
authorised psychiatrist copies of the documents mentioned in
schedule 3, definition brief of evidence, paragraph (a) relating
to the offence.
(3) The prosecuting authority must comply with the request as
soon as practicable.
(4) Subsection (2) does not apply to information contained in a
document if the prosecuting authority considers
Page 104 2016 Act No. 5
[s 96]
(a) giving the information could reasonably be expected

to
(i) prejudice the investigation of a contravention or
possible contravention of a law in a particular case;
or
(ii) prejudice an investigation under the Coroners Act
2003; or
(iii) enable the existence or identity of a confidential
source of information, in relation to the
enforcement or administration of a law, to be
ascertained; or
(iv) endanger a persons life, health or safety; or
(v) prejudice the effectiveness of a lawful method or
procedure for preventing, detecting, investigating
or dealing with a contravention or possible
contravention of a law; and
(b) it would not be in the public interest to give the
information.
(5) Also, subsection (2) does not apply to information, contained
in a document
(a) that is sensitive evidence under the Criminal Code,
section 590AF; or
(b) that the prosecution would be prevented under another
Act or law from giving to the accused person or a lawyer
acting for the accused person during a proceeding for
the offence; or
(c) identifying witnesses to the alleged commission of the
offence; or
(d) consisting of contact details for witnesses to the alleged
commission of the offence.
(6) The duty imposed on the prosecuting authority to comply with
the request applies only to documents in the possession of the
2016 Act No. 5 Page 105

[s 97]
prosecuting authority or to which the prosecuting authority

has access.
(7) In complying with the request, the prosecuting authority may
delete from a copy of a document given to the administrator or
authorised psychiatrist any information mentioned in
subsection (4) or (5).
Example
If a document includes the name of a witness to the alleged commission
of the offence, or information from which the witness could be
identified, the prosecuting authority may delete the name or information
from a copy of the document given to the administrator or authorised
psychiatrist.
97 Support person
(1) A person being examined for a psychiatrist report may be
accompanied by a support person, including, for example, a
nominated support person, lawyer or personal guardian.
(2) A support person must not interfere with the examination.
98 Person must participate in examination in good

faithreport on request
(1) If a psychiatrist report about a person is being prepared on a
request under section 90, the person and any support person
must participate in an examination for the psychiatrist report
in good faith.
Examples of participating in an examination in good faith
attending appointments in relation to the examination
answering questions during the examination
allowing access to the persons health records
(2) If the authorised psychiatrist preparing the psychiatrist report
is satisfied the person or support person is not participating in
the examination in good faith, the authorised psychiatrist must
give the administrator of the authorised mental health service
Page 106 2016 Act No. 5

[s 98]
who appointed the psychiatrist written notice of the

psychiatrists belief.
(3) If the administrator receives a notice under subsection (2), the
administrator may decide to revoke the direction to prepare
the psychiatrist report.
(4) However, before revoking the direction, the administrator
must
(a) give the person the subject of the examination a written
notice (a show cause notice) stating the following
(i) that the administrator proposes to revoke the
direction to prepare the psychiatrist report (the
proposed action);
(ii) the grounds for the proposed action;
(iii) the facts and circumstances forming the basis for
the grounds;
(iv) that the person may make submissions about the
show cause notice to the administrator;
(v) a day and time within which submissions must be
made; and
(b) consider any submissions given in response to the show
cause notice.
(5) If the administrator revokes the direction, the administrator
must give the following persons written notice of the
revocation
(a) the person the subject of the examination;
(b) the person who made the request under section 90;
(c) the chief psychiatrist.
2016 Act No. 5 Page 107

[s 99]
99 Person must attend examinationreport on chief

psychiatrists initiative
(1) If a psychiatrist report about a person is being prepared on the
chief psychiatrists own initiative under section 93, the person
must attend for an examination.
(2) If the person is not an inpatient of an authorised mental health
service, the chief psychiatrist must give the person a written
notice directing the person to attend at a stated authorised
mental health service within a stated period, of not more than
28 days, after the notice is given.
Note
See chapter 11, part 6, division 3 for the powers that may be used in
relation to a person who does not comply with a direction under
subsection (2).
100 Second psychiatrist report

(1) This section applies if the chief psychiatrist considers the
matters in a psychiatrist report about a person in relation to a
charge of a serious offence (the first psychiatrist report)
require further examination, including, for example, because
of the complexity of the matters in the report.
(2) The chief psychiatrist may
(a) direct the administrator of the persons treating health
service to arrange for an authorised psychiatrist to
prepare another psychiatrist report (a second
psychiatrist report) about the person in relation to the
charge of the serious offence; or
(b) direct an authorised psychiatrist to prepare a psychiatrist
report (also a second psychiatrist report) about the
person in relation to the charge of the serious offence.
(3) The direction to prepare the second psychiatrist report must be
given within 7 days after the chief psychiatrist receives the
first psychiatrist report.
Page 108 2016 Act No. 5

Part 5 References by chief psychiatrist
[s 101]
(4) The direction to prepare the second psychiatrist report may

include a direction for the second psychiatrist report to be
offence.
(5) Sections 95 to 99 apply to the second psychiatrist report as if a
reference in the sections to a psychiatrist report were a
reference to the second psychiatrist report.
Part 5 References by chief

psychiatrist
101 Reference by chief psychiatrist to Mental Health Court

(a) a psychiatrist report, or second psychiatrist report, about
a person in relation to a charge of a serious offence has
been prepared; and
(b) the chief psychiatrist is satisfied
(i) the person may have been of unsound mind when
the serious offence was allegedly committed or
may be unfit for trial; and
(ii) having regard to the report and the protection of
the community, there is a compelling reason in the
public interest for the persons mental state in
relation to the serious offence to be referred to the
Mental Health Court; and
(c) the persons mental state in relation to the serious
offence has not been referred to the Mental Health Court
under section 110.
(2) The chief psychiatrist may, in the way set out in section 111,
refer the matter of the persons mental state in relation to the
serious offence to the Mental Health Court.
2016 Act No. 5 Page 109
[s 102]
(3) The reference must be made

(a) for a psychiatrist report prepared on a request under
section 90 and if a second psychiatrist report is not
directed under section 100within 28 days after a copy
of the psychiatrist report is given to the person making
the request; or
(b) for a psychiatrist report prepared on the chief
psychiatrists own initiative under section 93 and if a
second psychiatrist report is not directed under section
100within 28 days after the chief psychiatrist receives
a copy of the psychiatrist report; or
(c) if a second psychiatrist report is prepared under section
100within 28 days after the chief psychiatrist receives
a copy of the second psychiatrist report.
(4) The reference may include a reference of the persons mental
state in relation to an associated offence.
(5) The chief psychiatrist may, within the period mentioned in
subsection (3), extend the period to not more than 4 months
after the period would otherwise end if the chief psychiatrist
considers the person is unfit for trial but may be fit for trial
within the extended period.
102 Copies of reports

(1) The chief psychiatrist must give a copy of a psychiatrist
report, or second psychiatrist report, about a person in relation
to a charge of a serious offence to
(a) the person; and
(b) the administrator of the persons treating health service;
and
Page 110 2016 Act No. 5
[s 102]
(c) for a psychiatrist report prepared on a request under

section 90 (the first psychiatrist report) or a second
psychiatrist report relating to the first psychiatrist
reportthe person who made the request.
(2) However, for subsection (1)(a), if the chief psychiatrist is
satisfied that giving a copy of a psychiatrist report, or second
psychiatrist report, to the person the subject of the report may
adversely affect the persons health and wellbeing, the chief
psychiatrist may instead give a copy of the report to another
person who the chief psychiatrist considers has a sufficient
interest in the persons health and wellbeing.
Examples of a person who may have a sufficient interest in the persons
health and wellbeing
the persons nominated support person, a lawyer acting for the person,
or the persons personal guardian
(3) A psychiatrist report must be given under subsection (1)
(a) if a second psychiatrist report is not directedwithin 7
days after receiving the psychiatrist report; or
(b) if a second psychiatrist report is directedwithin 7 days
after receiving the second psychiatrist report.
(4) A second psychiatrist report must be given under subsection
(1) within 7 days after receiving the second psychiatrist
report.
(5) If the matter of the persons mental state relating to the serious
offence is referred to the Mental Health Court, the chief
psychiatrist must give a copy of a psychiatrist report, or
second psychiatrist report, about the person to the Mental
Health Court.
(6) Subject to subsection (2) and (5), the chief psychiatrist must
not give a copy of a psychiatrist report, or second psychiatrist
report, to anyone else without the consent of
(a) the person the subject of the report; or
2016 Act No. 5 Page 111

[s 103]
(b) the personal guardian or attorney of the person the

subject of the report, if giving the consent is within the
guardians or attorneys authority.
103 Chapter stops applying to person if prosecution for

offence discontinued
If action is taken under this chapter in relation to a person
charged with a serious offence or associated offence and the
prosecution of the person for the offence is discontinued, this
chapter stops applying to the person in relation to the offence.
104 Application of chapter to person with intellectual

disability
If a person has, or may have, an intellectual disability, without
limiting the application of this chapter to the person, the
chapter also applies to the person as if
(a) a reference to an authorised mental health service were a
reference to the forensic disability service; and
(b) a reference to the chief psychiatrist were a reference to
the director of forensic disability; and
(c) a reference to a psychiatrist report, or second
psychiatrist report, were a reference to a report prepared
by a senior practitioner appointed under the Forensic
Disability Act after an assessment of the person; and
(d) a reference to the administrator of a persons treating
health service were a reference to the administrator of
the forensic disability service; and
(e) a reference to an authorised psychiatrist were a
reference to a senior practitioner under the Forensic
Disability Act; and
(f) a reference in section 93(2)(a) to the chief psychiatrist
being satisfied that a person may have a mental
condition were a reference to the director of forensic
Page 112 2016 Act No. 5
Part 1 Preliminary
[s 105]
disability being satisfied that a person may have an

intellectual disability; and
(g) a reference in section 99(2) to an inpatient of an
authorised mental health service were a reference to a
forensic disability client who is subject to a forensic
order (disability) that has a category of inpatient.
Chapter 5 Mental Health Court

references
Note
See chapter 16, part 1 in relation to the procedure for proceedings in the
Mental Health Court.
Part 1 Preliminary
105 Purpose of ch 5
(a) the making of references to the Mental Health Court in
relation to the mental state of persons charged with
serious offences; and
(b) the hearing of references
(i) made under chapter 4, or this chapter, in relation to
persons charged with serious offences; or
(ii) made under chapter 6 in relation to persons
charged with indictable offences; and
(c) the decisions the court may make on a reference,
including the making of a forensic order or treatment
support order; and
2016 Act No. 5 Page 113

Part 1 Preliminary
[s 106]
(d) the admissibility and use of evidence, victim impact

statements and other matters.

In this chapter
associated offence see section 107.
diminished responsibility see section 108.
offence, in relation to a reference, means each alleged offence
mentioned in the notice of the reference filed under section
111, 176 or 184.
reference, in relation to a person, means a reference to the
Mental Health Court, made under section 101, 110, 175 or
183, of the persons mental state relating to an offence the
person is alleged to have committed.
unsound mind see section 109.
107 Meaning of associated offence

An associated offence, in relation to an indictable offence
with which a person is charged, means an offence, other than
an offence against a law of the Commonwealth, that the
person is alleged to have committed at or about the same time
as the indictable offence.
108 Meaning of diminished responsibility

A person is of diminished responsibility if the person has a
state of abnormality of mind described in the Criminal Code,
section 304A(1).
109 Meaning of unsound mind

(1) Unsound mind means
Page 114 2016 Act No. 5

[s 110]
(a) a state of mental disease or natural mental infirmity

described in the Criminal Code, section 27(1); or
(b) a state of mind described in the Criminal Code, section
28(1) for which the Criminal Code, section 27(1)
applies to a person.
(2) However, unsound mind does not include a state of mind
resulting, to any extent, from intentional intoxication or
stupefaction alone or in combination with some other agent at
or about the time of the alleged offence.
Part 2 Making of references by

particular persons
110 When reference may be made

(a) a person is charged with a serious offence, other than an
offence against a law of the Commonwealth; and
(b) a relevant person has reasonable cause to believe the
person mentioned in paragraph (a)
(i) was of unsound mind when the offence was
allegedly committed; or
(ii) is unfit for trial.
(2) This section also applies if
(a) a person is charged with the offence of murder; and
(b) a relevant person has reasonable cause to believe the
person mentioned in paragraph (a) was of diminished
responsibility when the offence was allegedly
committed.
2016 Act No. 5 Page 115

[s 111]
(3) The relevant person may, in the way set out in section 111,
refer the matter of the persons mental state in relation to the
serious offence to the Mental Health Court.
(4) A reference of a persons mental state in relation to a serious
offence may include a reference of the persons mental state
in relation to an associated offence.
(5) In this section
relevant person, in relation to a person alleged to have
committed an offence, means any of the following
(a) the person;
(b) the persons lawyer;
(c) the director of public prosecutions.
Note
A reference in relation to a person may also be made by the
following
the chief psychiatrist or director of forensic disability under section
101
a Magistrates Court under section 175
the Supreme Court or District Court under section 183.
111 How reference is made

(1) A reference under section 110 in relation to a person is made
by filing a notice of the reference in the approved form in the
registry.
(2) The notice must state each offence in relation to which the
persons mental state is referred.
(3) The notice must be accompanied by a copy of any psychiatrist
report or other clinical report in relation to the person that is
relevant to the reference and in the possession of the person
making the reference.
Example
a psychiatrist report prepared under chapter 4
Page 116 2016 Act No. 5

[s 112]
(4) Subsection (3) applies even if giving the copy of the report
would disclose information adverse to the case of the person.
(5) The person who made the reference may amend it with the
leave of the Mental Health Court.
Example of an amendment of the reference
including another offence in the reference

Note
a person in relation to whom a reference is made to the Mental Health
Court.
This part applies to a reference in relation to a person made
under section 101, 110, 175 or 183.
Division 2 Notice requirements etc.
113 Notice of reference

(1) The registrar must, as soon as practicable after the reference is
made, give each of the following persons written notice of the
reference and of the suspension of the proceeding for the
offence under chapter 15, part 2
(a) the person the subject of the reference or, if known, the
persons lawyer;
2016 Act No. 5 Page 117

[s 114]
(b) the director of public prosecutions;

(c) the chief psychiatrist;
(d) the chief executive (justice);
(e) the director of forensic disability;
(f) if the person the subject of the reference is a child within
the meaning of the Youth Justice Act 1992the chief
executive (youth justice);
(g) if known, any nominated support person, personal
guardian or attorney for the person the subject of the
reference.
(2) The chief executive (justice) must, as soon as practicable after
receiving the notice mentioned in subsection (1), give both of
the following persons written notice of the reference and of
the suspension of the proceeding for the offence under chapter
15, part 2
(b) if the prosecuting authority for the offence is not the
director of public prosecutionsthe prosecuting
authority for the offence.
114 Parties to proceeding

(1) The parties to the proceeding for the reference are
(a) the person the subject of the reference; and
(b) the director of public prosecutions; and
(2) If the person has an intellectual disability
(a) the director of forensic disability may elect to be a party
to the proceeding; and
Page 118 2016 Act No. 5

[s 115]
(b) if the director of forensic disability makes an election

under paragraph (a), the chief psychiatrist may elect not
to be a party to the proceeding.
(3) An election made under subsection (2) by the director of
forensic disability or the chief psychiatrist must be made by
filing a notice in the registry.
115 Notice of hearing

(1) The registrar must give each of the following persons written
notice of the hearing of the proceeding for the reference
(a) each party to the proceeding;
the person the subject of the referencethe
administrator of the service;
(c) if the forensic disability service is responsible for the
person the subject of the referencethe administrator of
the service;
(d) if the person the subject of the reference is in lawful
custodythe persons custodian.
(2) The registrar must give the notice at least 7 days before the
hearing.
(3) The notice must state the following
(a) the time and place of the hearing;
(b) the nature of the hearing;
(c) the rights at the hearing of the person the subject of the
reference.
2016 Act No. 5 Page 119

[s 116]
Division 3 Particular decisions
116 Decision about unsoundness of mind and diminished

responsibility
(1) On hearing the proceeding for the reference, the Mental
Health Court must decide
(a) whether the person was of unsound mind when the
offence was allegedly committed; and
(b) if the person is alleged to have committed the offence of
murder and the court decides the person was not of
unsound mind when the offence was allegedly
committedwhether the person was of diminished
committed.
(2) This section is subject to section 117.
117 Substantial dispute about whether person committed

offence
(1) The Mental Health Court may not make a decision under
section 116(1)(a) or (b) if the court is satisfied there is a
substantial dispute about whether the person committed the
offence as particularised (the disputed offence).
(2) However, subsection (1) does not apply if the dispute exists
only because of 1 or both of the following
(a) the persons mental condition;
(b) the operation of the Criminal Code, section 304, 304A
or 304B.
(3) If elements of the disputed offence are elements of another
offence (the alternative offence) and there is not a substantial
dispute about whether the person committed the alternative
offence, subsection (1) does not prevent the court making a
decision under section 116(1)(a) for the alternative offence.
Page 120 2016 Act No. 5

[s 118]
(4) If the court decides the person was of unsound mind when the
alternative offence was committed, the proceeding against the
person for the disputed offence is discontinued.
(5) In this section
particularised, for an offence with which a person is charged,
means particularised in the bench charge sheet, complaint,
notice to appear or indictment containing the charge against
the person.
118 Decision about fitness for trial

(a) the Mental Health Court decides the person was not of
unsound mind when the offence was allegedly
committed; or
(b) because of section 117, the court may not decide
whether the person was of unsound mind when the
offence was allegedly committed.
(2) The court must decide whether the person is fit for trial.
(3) If the court decides the person is unfit for trial, the court must
also decide whether the unfitness for trial is permanent.
(4) This section does not apply if, under section 117(4), the
proceeding against the person for the offence is discontinued.
119 Unsound minddiscontinuance of proceeding

(1) If the Mental Health Court decides the person was of unsound
mind when the offence was allegedly committed
(a) the proceeding against the person for the offence is
discontinued; and
2016 Act No. 5 Page 121

[s 120]
(b) further proceedings may not be taken against the person

for the act or omission constituting the offence.
(2) Despite the courts decision, the person may elect to be tried
for the offence.
(3) The election must be made by giving the director of public
prosecutions written notice of the election within 28 days after
the person receives written notice of the courts decision.
(4) The director of public prosecutions must, within 7 days after
receiving the notice of the persons election, give written
notice of the persons election to
(a) if an authorised mental health service is responsible for
the personthe chief psychiatrist; or
(b) if the forensic disability service is responsible for the
personthe director of forensic disability.
(5) If a forensic order or treatment support order is made for the
person under part 4, the order continues in force until a final
decision is made in the proceeding against the person for the
offence.
(6) The director of public prosecutions must ensure the
proceeding against the person for the offence is continued
according to law within 28 days after receiving the notice of
the persons election.
120 Diminished responsibilitydiscontinuance of

proceeding
(1) If the person was charged with the offence of murder and the
Mental Health Court decides the person was of diminished
responsibility when the offence was allegedly committed, the
proceeding against the person for the offence of murder is
discontinued.
(2) However, the proceeding may be continued against the person
for another offence constituted by the act or omission to
which the proceeding for the offence of murder relates.
Page 122 2016 Act No. 5
[s 121]
121 Temporary unfitness for trialstay of proceeding

(1) This section applies if the Mental Health Court decides the
person is unfit for trial and the unfitness for trial is not
permanent.
(2) The proceeding for the offence is stayed until, on a review
under chapter 12, part 6, the tribunal decides the person is fit
for trial.
122 Permanent unfitness for trialdiscontinuance of

proceeding
If the Mental Health Court decides the person is unfit for trial
and the unfitness for trial is permanent
(a) the proceeding against the person for the offence is
discontinued; and
(b) further proceedings may not be taken against the person
for the act or omission constituting the offence.
123 Fit for trialcontinuation of proceeding

If the Mental Health Court decides the person is fit for trial,
the court must order that the proceeding against the person for
the offence be continued according to law.
124 Related orders if person fit for trial

(1) If the Mental Health Court orders that the proceeding against
the person for the offence be continued, the court may order
that
(a) either
(i) the person be remanded in custody and any bail
granted under the Bail Act 1980 for the person be
revoked; or
(ii) bail be granted, enlarged or varied under the Bail
Act 1980 for the person; or
2016 Act No. 5 Page 123
[s 124]
(b) the person be detained in a stated authorised mental

health service until the person is
(i) granted bail under the Bail Act 1980; or
(ii) brought before a court for continuing the
proceeding.
Note
An order made under paragraph (b) is a type of judicial order. A
judicial order does not authorise the provision of involuntary
treatment and care to the person.
(2) For subsection (1)(b), an authorised person may transport the
person to
(a) an inpatient unit of the authorised mental health service
stated in the order; or
(b) for the continuation of the proceeding against the person
for the offencethe court in which the proceeding is
being heard.
Note
For the powers of an authorised person when detaining and transporting
a person, see chapter 11, part 6, division 5.
(3) The administrator of the authorised mental health service
stated in the order may detain the person in the service under
the order.
(4) Also, subsection (5) applies if
(a) the court has made an order under subsection (1)(b) for
the person; and
(b) for continuing the proceeding against the person for the
offence, the person appears before the court in which the
proceeding is being heard by remote conferencing while
remaining at the authorised mental health service stated
in the order; and
(c) the court does not grant the person bail under the Bail
Act 1980.
Page 124 2016 Act No. 5

[s 125]
(5) The administrator of the authorised mental health service may

detain the person in the service until the person is taken into
custody.
Division 5 Withdrawal of particular references
125 Application of div 5

This division applies to a reference in relation to a person
made under section 101 or 110.
126 Application to withdraw reference

(1) At any time before the Mental Health Court decides the
reference, the person who made the reference may apply to
the court to withdraw the reference.
(2) The application must be made by
(a) filing a notice in the approved form with the registrar; or
(b) making an oral submission at the hearing of the
proceeding for the reference.
127 Notices if application to withdraw filed

(1) The registrar must
(a) within 7 days after the notice of the application to
withdraw the reference is filed, give written notice of the
application to the other parties to the proceeding; and
(b) at least 7 days before the hearing of the application, give
the parties written notice of the hearing of the
application.
(2) The notice of the hearing must state the following
2016 Act No. 5 Page 125

[s 128]
(c) the parties rights to be represented at the hearing.

Note
See section 683 in relation to representation at the hearing.
128 Decision on application

(1) The Mental Health Court must grant the application or refuse
to grant it.
(2) However, the court may refuse to grant the application only if
it considers the withdrawal of the reference would be contrary
to the interests of justice.
Part 4 Forensic orders and treatment

support orders
129 Definition for pt 4

In this part
relevant unlawful act, in relation to a reference, means the
unlawful act or omission that constitutes the offence to which
the reference relates.
130 Explanation about operation of forensic orders and

treatment support orders
(1) Under this part, the Mental Health Court may, on a reference
in relation to a person, make the following types of orders
(a) a forensic order (mental health) or forensic order
(disability)see division 2;
(b) a treatment support ordersee division 3.
Page 126 2016 Act No. 5
[s 131]
Note
See section 151 for the matters authorised under a forensic order
(mental health) or treatment support order. See section 152 for the
matters authorised under a forensic order (disability).
(2) A forensic order (mental health) operates in a way that is more
restrictive of a persons rights and liberties than a treatment
support order.
Examples
1 The Mental Health Court may decide the category of a forensic
order (mental health) is community only if the court considers there
is not an unacceptable risk to the safety of the community.
2 The court may decide the category of a treatment support order is
inpatient only if the court considers the persons treatment and care
needs, the safety and welfare of the person, or the safety of others,
can not reasonably be met if the category of the order is community.
3 An authorised doctor may authorise treatment in the community for
a person subject to a forensic order (mental health) only to the
extent approved by the court or the tribunal.
4 An authorised doctor may authorise treatment in the community for
a person subject to a treatment support order, subject only to the
court or the tribunal deciding whether the authorised doctor may
reduce the extent of treatment in the community received by the
person.
5 Requirements imposed under a policy made by the chief
psychiatrist may be more onerous for a person subject to a forensic
order (mental health) than a person subject to a treatment support
order.
131 Orders if unsound mind or permanent unfitness for trial

(1) This section applies if, on a reference in relation to a person,
the Mental Health Court decides the person
(a) was of unsound mind when the offence was allegedly
committed; or
(b) is unfit for trial and the unfitness for trial is permanent.
(2) The court must make the order required under division 2 or 3
for the person.
2016 Act No. 5 Page 127
[s 132]
(3) However, if the court is not required under division 2 or 3 to

make an order for the person, the court may make no order for
the person.
132 Orders if temporary unfitness for trial

(1) This section applies if, on a reference in relation to a person,
the Mental Health Court decides the person is unfit for trial
and the unfitness for trial is not permanent.
(2) The court must make an order for the person under division 2
or 3.
133 Matters to which Mental Health Court must have regard

(1) In making a decision under this part in relation to an order for
a person, the Mental Health Court must have regard to the
following
(a) the relevant circumstances of the person;
(b) the nature of the offence to which the reference relates
and the period of time that has passed since the offence
was allegedly committed;
(c) any victim impact statement produced by the
prosecuting authority for the offence under part 5,
division 3.
Examples of decisions under this part in relation to an order
deciding whether a forensic order or treatment support order is
necessary
deciding the category of the order
deciding whether the person is to receive any treatment in the
community
deciding the conditions, if any, to impose on the order
(2) Subsection (1) does not limit any other provision of this part
that requires the court to have regard to a stated matter.
Page 128 2016 Act No. 5

[s 134]
Division 2 Forensic orders
Subdivision 1 Making of forensic orders
134 Requirements for making forensic order

(1) The Mental Health Court must make an order (a forensic
order (mental health) or forensic order (disability)) for the
person if the court considers a forensic order is necessary,
because of the persons mental condition, to protect the safety
of the community, including from the risk of serious harm to
other persons or property.
Note
If the court does not consider a forensic order is necessary, see division
3 in relation to the making of a treatment support order.
(2) In deciding whether a forensic order is necessary, the court
must have regard to the policies mentioned in section
305(1)(e) and (f).
(3) If the court makes a forensic order for the person, the order
must be
(a) a forensic order (mental health) if the court considers
(i) the persons unsoundness of mind was, or unfitness
for trial is, because of a mental condition other
than an intellectual disability; or
(ii) the person has a dual disability and needs
involuntary treatment and care for the persons
mental illness, as well as care for the persons
intellectual disability; or
(b) a forensic order (disability) if the court considers
(i) the persons unsoundness of mind was, or unfitness
for trial is, because of an intellectual disability; and
2016 Act No. 5 Page 129

[s 135]
(ii) the person needs care for the persons intellectual

disability but does not need treatment and care for
any mental illness.
(4) Subsection (3)(a)(ii) applies regardless of the basis on which
the court decides the person was of unsound mind when the
offence was allegedly committed, or is unfit for trial.
135 Conditions
(1) The Mental Health Court may, in a forensic order for a person,
impose the conditions it considers appropriate.
(2) Without limiting subsection (1), the court may impose a
condition that the person must not contact a stated person,
including, for example, a victim of the relevant unlawful act.
(3) However, the court may not impose a condition requiring the
person to take a particular medication or a particular dosage of
a medication.
136 Recommendations about intervention programs

The Mental Health Court may, in a forensic order for a person,
make the recommendations it considers appropriate about
particular intervention programs that a stated authorised
mental health service or the forensic disability service should
provide for the person.
Examples of intervention programs
drug and alcohol programs, anger management counselling programs,
sexual offender programs
137 Non-revocation period

(1) This section applies if, on a reference in relation to a person
charged with a prescribed offence, the Mental Health Court
(a) decides the person
(i) was of unsound mind when the offence was
allegedly committed; or
Page 130 2016 Act No. 5
[s 138]
(ii) is unfit for trial and the unfitness for trial is

permanent; and
(b) makes a forensic order for the person.
(2) The court may state in the order a period of not more than 10
years (the non-revocation period) during which the tribunal
may not revoke the order, other than under section 457.
(3) In deciding the non-revocation period, the court must have
regard to the object of this Act in relation to protecting the
community.
138 Mental Health Court to decide category

(1) If the Mental Health Court decides to make a forensic order
for a person, the court must also decide the category of the
order.
(2) The court may decide the category of the order is community
only if the court considers there is not an unacceptable risk to
the safety of the community, because of the persons mental
condition, including the risk of serious harm to other persons
or property.
(3) The forensic order must state the category of the order.
139 Inpatient category

(1) If the Mental Health Court decides the category of a forensic
order for a person is inpatient, the court must do 1 of the
following
(a) order that the person have no limited community
treatment;
Note
2016 Act No. 5 Page 131

[s 139]
An order made under paragraph (a) may be amended by the

tribunal, but may not be amended by an authorised doctor. See
sections 212(2) and 445(2)(b) and (c).
(b) approve that an authorised doctor under section 212 or a
senior practitioner under the Forensic Disability Act,
section 20 may, at a future time
(i) authorise limited community treatment for the
person, to the extent and subject to the conditions
decided by the court; or
(ii) change the category of the order to community,
subject to the conditions decided by the court;
(c) order that the person have limited community
treatment
(i) of a stated extent; and
(ii) subject to the conditions decided by the court,
including whether, or the extent to which, an
authorised doctor under section 212 or a senior
practitioner under the Forensic Disability Act,
section 20 may amend the forensic order in relation
to treatment in the community.
(2) The court may make an order under subsection (1)(b) or (c)
only if the court is satisfied there is not an unacceptable risk to
the safety of the community, because of the persons mental
or property.
(3) In deciding whether the court is satisfied of the matters
mentioned in subsection (2), the court must have regard to
(a) the purpose of limited community treatment; and
(b) the fact that
(i) if an authorised mental health service is
responsible for the personan authorised doctor
may increase the extent of treatment in the
community for the person only if satisfied of the
matters mentioned in section 212(3); or
Page 132 2016 Act No. 5
[s 140]
(ii) if the forensic disability service is responsible for

the persona senior practitioner under the
Forensic Disability Act may authorise treatment in
the community for the person only if satisfied of
the matters mentioned in the Forensic Disability
Act, section 20(2).
140 Community category

If the Mental Health Court decides the category of a forensic
order for a person is community, the court must
(a) order that an authorised doctor or a senior practitioner
under the Forensic Disability Act must not change the
category of the order to inpatient; or
Note
The category of the order may be changed by the tribunal. See
section 444.
section 20 may, at a future time, change the nature or
extent of treatment in the community received by the
decided by the court.
Example of a change of the nature or extent of treatment in the
community
changing the category of the forensic order from community to
inpatient, with or without limited community treatment
Subdivision 3 Other provisions
141 When category of forensic order (disability) may be

described as residential
(1) This section applies to a forensic order (disability) for a
person if
2016 Act No. 5 Page 133
[s 142]
(a) the category of the order is inpatient; and

(b) the forensic disability service is responsible for the
person.
(2) The category of the order may be described as residential.
142 Admission to high security unitstay of order

(a) the Mental Health Court makes a forensic order for a
person; and
(b) under the order, the person is to be detained in a high
security unit; and
(c) the chief psychiatrist asks the court to stay the order for
a period of not more than 7 days to enable the high
security unit to make a physical place available for the
person.
(2) The court may stay the order for the period requested by the
chief psychiatrist.
(3) However, if the court is satisfied the person needs urgent
treatment and care in the high security unit, the court may
(a) refuse to stay the order; or
(b) stay the order for a shorter period than requested.
(4) If the court stays the order and the person is being held in
custody, the person must remain in custody until the person is
admitted to the high security unit.
Page 134 2016 Act No. 5

[s 143]
Division 3 Treatment support orders
Subdivision 1 Making of treatment support orders
143 Requirements for making treatment support order

(1) The Mental Health Court must make an order (a treatment
support order) for the person if the court considers a
treatment support order, but not a forensic order, is necessary,
because of the persons mental condition, to protect the safety
of the community, including from the risk of serious harm to
other persons or property.
(2) In deciding whether a treatment support order, but not a
forensic order, is necessary, the court must have regard to the
policy that must be made by the chief psychiatrist under
section 305(1)(g) in relation to persons subject to treatment
support orders.
(3) This section does not apply if the court considers
(a) the persons unsoundness of mind was, or unfitness for
trial is, because of an intellectual disability; and
(b) the person does not need treatment and care for any
mental illness.
144 Conditions
(1) The Mental Health Court may, in a treatment support order for
a person, impose the conditions it considers appropriate.
(2) Without limiting subsection (1), the court may impose a
(3) However, the court may not impose a condition requiring the
person to take a particular medication or a particular dosage of
a medication.
2016 Act No. 5 Page 135

[s 145]
145 Mental Health Court to decide category and community

treatment
(1) If the Mental Health Court decides to make a treatment
support order for a person, the court must also decide the
category of the order.
(2) However, the court may decide the category of the treatment
support order is inpatient only if the court considers 1 or more
of the following can not reasonably be met if the category of
the order is community
(3) If the court decides the category of the treatment support order
is inpatient, the court may approve limited community
treatment for the person, to the extent and subject to the
conditions decided by the court.
(4) In deciding whether to approve limited community treatment
under subsection (3), the court must have regard to the
purpose of limited community treatment.
(5) If the court decides the category of the treatment support order
is community, or approves limited community treatment for
the person under subsection (3), the court must also decide
whether an authorised doctor may, under section 216(1),
amend the persons treatment support order to reduce the
extent of treatment in the community received by the person.
Notes
1 On a review of the order, the tribunal may change the nature or
extent of the persons treatment in the community. See sections 475
and 476.
2 For the powers of an authorised doctor in relation to a treatment
support order, see section 216.
Page 136 2016 Act No. 5

[s 146]
(6) The treatment support order must state the category of the
order.
Division 4 Responsibility for treatment and

care
146 Responsibility for person subject to forensic order

(mental health) or treatment support order
(1) If the Mental Health Court makes a forensic order (mental
health) or treatment support order for a person, the order must
state the authorised mental health service responsible for the
person.
(2) The stated authorised mental health service is responsible for
the person.
(3) Subsection (2) does not prevent treatment and care being
provided to the person by another authorised mental health
service if the person seeks treatment and care by the service.
147 Responsibility for person subject to forensic order

(disability)
(1) If the Mental Health Court makes a forensic order (disability)
for a person, the order must state
(a) the authorised mental health service responsible for the
person; or
(b) that the forensic disability service is responsible for the
person.
(2) However, the court may decide the forensic disability service
is responsible for the person only if the chief executive
(forensic disability) certifies, in writing, that the forensic
disability service has the required capacity.
2016 Act No. 5 Page 137

[s 148]
(3) If the court makes an order under subsection (1)(a), the stated
authorised mental health service is responsible for the person.
(4) If the court makes an order under subsection (1)(b), the
forensic disability service is responsible for the person.
provided to the person by another authorised mental health
service if the person seeks treatment and care by the service.
provided to the person by an authorised mental health service
if the person seeks treatment and care by the service.
(8) In this section
required capacity means
(a) the physical capacity to accommodate the person; and
(b) the capacity to provide care for the person under the
order.
148 Certificate of forensic disability service availability

(1) This section applies for the purpose of the Mental Health
Court deciding under section 147 whether the forensic
disability service will be responsible for the person.
(2) The court may ask the director of forensic disability to give
the court a certificate prepared by the chief executive (forensic
disability) stating whether or not the forensic disability
service has the required capacity within the meaning of
section 147.
(3) If asked by the director of forensic disability to prepare a
certificate mentioned in subsection (2), the chief executive
(forensic disability) must prepare, and give the director, the
certificate.
(4) If the court makes a request under subsection (2), the director
of forensic disability must give the court the certificate
within
Page 138 2016 Act No. 5
[s 149]
(a) 7 days after receiving the request; or

(b) any longer period allowed by the court.
Division 5 Transport
149 Transport to authorised mental health service

(a) the Mental Health Court makes a forensic order or
treatment support order for a person and the category of
the order is inpatient; and
(b) an authorised mental health service is responsible for
the person under the order.
(2) An authorised person may transport the person to the
Note
150 Transport to forensic disability service

(a) the Mental Health Court makes a forensic order
(disability) for a person and the category of the order is
inpatient; and
(b) the forensic disability service is responsible for the
person under the order.
(2) An authorised person, or an authorised practitioner under the
Forensic Disability Act, may transport the person to the
forensic disability service.
Note
2016 Act No. 5 Page 139

[s 151]
151 Matters authorised by forensic order (mental health) or

treatment support order
(1) A forensic order (mental health), or treatment support order,
for a person authorises each of the following in accordance
with the order
(a) if the person has a mental condition other than an
intellectual disabilitythe provision of involuntary
treatment and care for the persons mental illness or
other mental condition;
(b) if the person has a dual disability
(i) the provision of involuntary treatment and care for
the persons mental illness; and
(ii) the provision of involuntary care for the persons
intellectual disability;
(c) if the category of the order is inpatientthe detention of
the person in the authorised mental health service that is
responsible for the person.
(2) The person responsible for the treatment and care must ensure
the order is given effect.
Note
See section 15 for the person responsible for the treatment and care of a
person subject to a forensic order (mental health) or treatment support
order.
152 Matters authorised by forensic orders (disability)

(1) A forensic order (disability) for a person authorises each of
the following in accordance with the order
(a) the provision of involuntary care for the persons
Page 140 2016 Act No. 5

[s 153]
(b) if the category of the order is inpatient, the persons

detention in
responsible for the personthe authorised mental
health service; or
the personthe forensic disability service.
(2) The person responsible for the care must ensure the order is
given effect.
Note
See section 15 for the person responsible for the care of a person subject
to a forensic order (disability).
153 Status of forensic order or treatment support order if

amended
(1) A forensic order or treatment support order made under this
part has effect subject to any amendment of the order
(a) by the tribunal under chapter 12; or
(b) by an authorised doctor under section 212 or 216.
(2) The order, as amended, continues as an order of the Mental
Health Court.
154 Ending of order made because of temporary unfitness for

trial
(1) This section applies to any of the following orders to which a
person is subject
(a) a forensic order (mental health), forensic order
(disability) or treatment support order made because the
Mental Health Court decides the person is unfit for trial
and the unfitness for trial is not permanent;
(b) if the tribunal revokes a forensic order (mental health)
mentioned in paragraph (a) and makes a forensic order
2016 Act No. 5 Page 141
[s 155]
(disability) for the person under section 457the

forensic order (disability);
(c) if the tribunal revokes a forensic order (mental health)
mentioned in paragraph (a) and makes a treatment
support order for the person under section 450the
(2) The order ends if the proceeding against the person for the
offence to which the reference relates is discontinued other
than under section 490 or 491.
Notes
1 See section 493 in relation to the discontinuance of the proceeding
other than under section 490 or 491.
2 Also, if the tribunal decides on a review under chapter 12, part 6
that the person is fit for trial, the order ends under section 497(2).
Division 1 Notice of decisions and orders
155 Notice of decisions and orders

(1) The registrar must, within 7 days after the Mental Health
Court makes its decision on a reference, give the following
persons written notice of the courts decision, and any orders
made by the court
(a) each person who was entitled to be given notice of the
reference under section 113(1);
(b) the tribunal.
(2) Also, if a victim impact statement was given to the court on
the hearing of the reference, the registrar must give the
tribunal a copy of the statement.
Page 142 2016 Act No. 5

[s 156]
(3) The chief executive (justice) must, as soon as practicable after

receiving the notice mentioned in subsection (1), give each of
the following persons written notice of the courts decision
(b) if the prosecuting authority for the offence is not the
director of public prosecutionsthe prosecuting
authority for the offence.
Division 2 Admissibility and use of evidence
156 Definition for div 2

In this division
experts report includes a clinical record relevant to a
persons mental condition.
157 Admissibility of experts report at trial

An experts report received in evidence by the Mental Health
Court on a reference is admissible at the trial of the person for
the offence in relation to the reference only for the following
purposes
(a) deciding whether
(i) for the application of the Criminal Code, section
613, the person is not capable of understanding the
proceedings; or
(ii) for the application of the Criminal Code, section
645, the person is not of sound mind; or
(iii) the person was of unsound mind or diminished
committed; or
2016 Act No. 5 Page 143

[s 158]
(iv) the person should be admitted to an authorised

mental health service under a forensic order
(Criminal Code);
(b) sentencing the person.
158 Particular statements not admissible

(1) A statement made by the person the subject of a reference at
the hearing of the reference is not admissible in evidence in
any civil or criminal proceeding against the person.
(2) Subsection (1) applies to statements made orally or in writing
and whether on oath or otherwise.
(3) However, subsection (1) does not apply to a proceeding for
(a) contempt of the Mental Health Court; or
(b) an offence against the Criminal Code, chapter 16.
159 Issue of mental condition may be raised at trial

(1) A decision by the Mental Health Court on a reference in
relation to a person does not prevent the person raising the
issue of the persons mental condition at the persons trial for
the offence.
(2) If the issue of the persons mental condition is raised at the
persons trial, the Mental Health Courts decision is
admissible for sentencing, but is not otherwise admissible at
the trial.
160 Other use of experts report

(1) An experts report received in evidence by the Mental Health
Court on a reference in relation to a person may be given to
the personthe administrator of the service; or
personthe administrator of the service; or
Page 144 2016 Act No. 5
[s 161]
(c) the tribunal for conducting a review.

(2) The report may be given to, and used by, another person only
with the leave of the court.
(3) The court may grant the leave subject to the conditions it
considers appropriate.
Division 3 Victim impact statements

This division applies if, on a reference in relation to a person,
the Mental Health Court decides the person
(a) was of unsound mind when the offence was allegedly
committed; or
(b) is unfit for trial.
162 Preparation of victim impact statement

(1) A victim of the relevant unlawful act, or a close relative of the
victim, may prepare, and give the prosecuting authority for
the relevant unlawful act, a victim impact statement in relation
to the relevant unlawful act, for the purpose of the prosecuting
authority producing the statement to the Mental Health Court.
(2) The victim impact statement may include
(a) the views of the victim or close relative about the risk
the person the subject of the reference represents to the
victim or close relative or another person; and
(b) a request by the victim or close relative that the Mental
Health Court impose, in any forensic order or treatment
support order made for the person the subject of the
reference, a condition that the person must not contact
(i) the victim or close relative; or
2016 Act No. 5 Page 145

[s 163]
(ii) another individual, including, for example, another

close relative of the victim.
163 Production of victim impact statement by prosecuting

authority
If a victim of the relevant unlawful act, or a close relative of
the victim, gives the prosecuting authority a victim impact
statement, the prosecuting authority must give the statement
to the Mental Health Court.
164 Restrictions on disclosing victim impact statement

(1) The Mental Health Court must not disclose the victim impact
statement to the person the subject of the reference unless the
victim or close relative asks that the statement be disclosed to
the person.
(2) Despite a request mentioned in subsection (1), the court may,
by order, prohibit the disclosure of the victim impact
statement to the person if satisfied the disclosure may
(3) A person must not contravene an order made under subsection
(2) unless the person has a reasonable excuse.
Maximum penalty200 penalty units.
(4) This section does not prevent the court disclosing the victim
impact statement to a lawyer of the person the subject of the
reference if satisfied the disclosure is in the best interests of
the person.
(5) Subject to subsection (3), the persons lawyer may disclose
the victim impact statement to the person only if the victim or
close relative asks that the statement be disclosed to the
person.
(6) The persons lawyer must not disclose the victim impact
statement to the person in contravention of subsection (5)
unless the lawyer has a reasonable excuse.
Page 146 2016 Act No. 5
[s 165]

(7) In this section
lawyer, of a person, includes another representative of the
person.
165 Use of victim impact statement by Mental Health Court

(1) This section applies if the Mental Health Court is required to
have regard to a victim impact statement in deciding a matter
under part 4.
(2) The court may place the weight on the victim impact
statement it considers appropriate.
Division 4 Persons subject to existing orders

or authorities
166 Person subject to existing forensic order

(1) This section applies if the Mental Health Court is required
under this chapter to make a forensic order (a new forensic
order) for a person who is already subject to a forensic order
(the existing forensic order).
(2) The court may
(a) amend the existing forensic order for the person; or
(b) revoke the existing forensic order for the person and
make a new forensic order for the person.
Note
If there is an information notice relating to the person, the revocation of
the existing forensic order under this section does not affect the
information notice. See section 322.
2016 Act No. 5 Page 147

[s 167]
167 Person subject to existing treatment authority or

(1) This section applies if the Mental Health Court makes a
forensic order (mental health) for a person who is subject to a
treatment authority or treatment support order.
(2) On the making of the forensic order (mental health), the
treatment authority or treatment support order ends.
(3) Nothing in this section prevents the court making a forensic
order (disability) for a person who is subject to a treatment
authority.
(4) If a treatment authority for a person is inconsistent with a
forensic order (disability) for the person, the forensic order
(disability) prevails to the extent of the inconsistency.
168 Relationship with ch 16, pt 1

To the extent of any inconsistency with chapter 16, part 1, this
chapter prevails.
Page 148 2016 Act No. 5

Chapter 6 Powers of courts hearing criminal proceedings and related processes
Part 1 Preliminary
[s 169]
Chapter 6 Powers of courts hearing

criminal proceedings and
related processes
Part 1 Preliminary
169 Purpose of ch 6
The purpose of this chapter is to provide for appropriate
powers and processes for courts hearing criminal proceedings
and for related matters, including
(a) powers for Magistrates Courts, the District Court and
the Supreme Court to deal with cases where there is a
concern about the mental state of a person charged with
an offence, including by making a reference to the
(b) the admission of persons subject to forensic orders
(Criminal Code) to authorised mental health services;
and
(c) the detention of persons in authorised mental health
services during trial.
170 Childrens Court

In this chapter, a reference to a Magistrates Court, in relation
to a person charged with an offence, is taken to include a
reference to the Childrens Court if the person charged with the
offence is being dealt with under the Youth Justice Act 1992.
Note
See the Youth Justice Act 1992, section 63 in relation to the powers and
jurisdiction of the District Court in its criminal jurisdiction conferred on
a Childrens Court judge.
2016 Act No. 5 Page 149

[s 171]
Division 1 General

In this division
simple offence see the Justices Act 1886, section 4.
172 Power to dismiss complaintunsound mind or unfitness

for trial
(a) a complaint for a simple offence is to be heard and
determined by a Magistrates Court; and
(b) the court is reasonably satisfied, on the balance of
probabilities, that the person charged with the offence
(i) was, or appears to have been, of unsound mind
when the offence was allegedly committed; or
(ii) is unfit for trial.
(2) The court may dismiss the complaint.
Note
See the Justices Act 1886, section 222 in relation to appeals to a District
Court judge from an order made in a summary way on a complaint for
an offence.
173 Power to adjourn hearing of complainttemporary

unfitness for trial
(a) a complaint for a simple offence is to be heard and
determined by a Magistrates Court; and
Page 150 2016 Act No. 5

[s 174]

probabilities, that the person charged with the offence
(i) is unfit for trial; but
(ii) is likely to become fit for trial within 6 months.
(2) The court may adjourn the hearing of the complaint.
(3) However, if the court is reasonably satisfied, on the balance of
probabilities, that the person is still unfit for trial 6 months
after the hearing of the complaint was adjourned, the court
may dismiss the complaint under section 172(2).
(4) This section does not limit the courts power under section
172.
174 Power to refer person to appropriate agency or entity

(1) This section applies if a Magistrates Court
(a) has dismissed a complaint under section 172 or
adjourned the hearing of a complaint under section 173;
and
(b) is reasonably satisfied the person charged with the
offence does not appear to have a mental illness.
(2) The court may refer the person to
(a) a relevant agency for appropriate care; or
(b) the health department or another entity the court
considers appropriate for treatment and care.
(3) In this section
health department means the department in which the
Hospital and Health Boards Act 2011 is administered.
relevant agency means
(a) the department in which the Disability Services Act
2006 is administered; or
2016 Act No. 5 Page 151

[s 175]
(b) the National Disability Insurance Scheme Launch

Transition Agency established under the National
Disability Insurance Scheme Act 2013 (Cwlth).
Division 2 References to Mental Health Court
175 When reference may be made

(1) This section applies if, in a proceeding before a Magistrates
Court against a person charged with an indictable offence
other than an offence against a law of the Commonwealth, the
court is reasonably satisfied, on the balance of probabilities,
that
(a) the person
(ii) is unfit for trial; and
(b) both of the following apply
(i) the nature and circumstances of the offence create
an exceptional circumstance in relation to the
protection of the community;
(ii) the making of a forensic order or treatment support
order for the person may be justified.
(2) The court may, in the way set out in section 176, refer to the
Mental Health Court the matter of the persons mental state
relating to
(a) the indictable offence; and
(b) an associated offence.
176 How reference is made

(1) The registrar of a Magistrates Court that makes a reference
under section 175 in relation to a person must file a notice of
Page 152 2016 Act No. 5
[s 177]
the reference in the approved form in the Mental Health Court

Registry.
(3) The notice must be accompanied by a copy of any report
produced to the court relating to the persons mental state.
Division 3 Examination orders
177 Power to make examination order for person charged

with simple offence
(a) a Magistrates Court
(i) has dismissed a complaint under section 172 or
adjourned the hearing of a complaint under section
173; or
(ii) is reasonably satisfied that a person charged with a
simple offence would benefit from an examination
by an authorised doctor; and
(b) the court
(i) is reasonably satisfied the person has a mental
illness; or
(ii) is unable to decide whether the person has a mental
illness or another mental condition.
(2) The court may make an order (an examination order) in
relation to the person.
Note
An examination order is a type of judicial order. A judicial order does
not authorise the provision of involuntary treatment and care to the
person.
(3) Also, if the complaint has not been dismissed under section
172 and the hearing of the complaint has not been adjourned
2016 Act No. 5 Page 153
[s 177]
under section 173, the court may adjourn the hearing of the
complaint.
(4) The examination order authorises an authorised doctor for the
authorised mental health service or public sector health
service facility stated in the order to examine the person,
without the persons consent, to decide whether to
(a) make a treatment authority for the person; or
(b) make a recommendation for the persons treatment and
care; or
(c) if the person is already subject to a treatment authority,
forensic order (mental health), forensic order (disability)
or treatment support orderchange the nature and
extent of the treatment and care to be provided to the
person under the authority or order.
(5) Also, the examination order may
(a) direct an authorised person to transport the person
immediately to an inpatient unit of the authorised
Note
For the powers of an authorised person when detaining and
(b) direct the person to attend at the authorised mental
health service or public sector health service facility
within a stated time, of not more than 28 days, after the
order is made.
Note
See chapter 11, part 6, division 3 for the powers that may be
used in relation to a person who does not comply with a
direction under paragraph (b).
(6) The registrar of the court must, as soon as practicable after the
examination order is made, give written notice of the order
to
(a) if an authorised mental health service is stated in the
orderthe administrator of the service; or
Page 154 2016 Act No. 5
[s 178]
(b) if a public sector health service facility is stated in the

orderthe person in charge of the facility.
178 Examination of person

(1) For the purpose of examining the person, the person may be
detained in the relevant service for a period (the examination
period) of not more than 6 hours starting
(a) if the person is at the relevant service when the
examination order is madewhen the order is made; or
(b) if the person is transported to the relevant service under
the examination orderwhen the person is first
transported and admitted under the order to the relevant
service; or
(c) if the person attends at the relevant service under the
orderwhen the person first attends at the service under
the order.
(2) However, an authorised doctor or authorised mental health
practitioner may extend, or further extend, the examination
period before it ends to not more than 12 hours after it starts if
the authorised doctor or authorised mental health practitioner
reasonably believes the extension is necessary to carry out or
finish the examination of the person.
(3) The authorised doctor who examines the person may
(a) make a treatment authority for the person; or
(b) make a recommendation for the persons treatment and
care; or
(c) decide the person does not require treatment and care; or
(d) if the person is already subject to a treatment authority,
forensic order (mental health), forensic order (disability)
or treatment support orderchange the nature and
extent of the treatment and care to be provided to the
person under the authority or order.
2016 Act No. 5 Page 155

[s 179]
(4) For subsection (3)(a), section 48 applies as if a reference in

the section to the assessment of a person under chapter 2, part
3 were a reference to the examination of the person under an
examination order.
(5) If the authorised doctor makes a recommendation under
subsection (3)(b) for the persons treatment and care, the
authorised doctor must explain to the person the benefits of
being treated voluntarily in accordance with the
recommendation.
Note
See section 55 for the matters the authorised doctor must tell, and
explain to, the person if the authorised doctor makes a treatment
authority for the person as mentioned in subsection (3)(a).
(6) In this section
relevant service means the authorised mental health service or
public sector health service facility stated in the examination
order.
179 Examination report

The authorised doctor must prepare a report (an examination
report) stating each of the following
(a) details of the examination carried out under the
examination order;
(b) the recommendation or decision made under section
178(3);
(c) if the authorised doctor makes a recommendation under
section 178(3)(b) for the persons treatment and
caredetails of the explanation given to the person of
the benefits of being treated voluntarily in accordance
with the recommendation.
Page 156 2016 Act No. 5

[s 180]
180 Admissibility of examination report

The examination report is admissible in the following
proceedings
(a) the proceeding against the person in which the
examination order was made;
(b) any future proceeding against the person for an offence
to which the examination report is relevant.
Part 3 Supreme Court and District

Court
Division 1 Making reference to Mental Health

Court if person pleads guilty to
indictable offence

(1) This division applies if
(a) a person appears before the Supreme Court or District
Court in a relevant proceeding for a charge of an
indictable offence, other than an offence against a law of
the Commonwealth; and
probabilities, that the person
(ii) for the offence of murderwas, or appears to have
been, of diminished responsibility when the
(iii) is unfit for trial.
2016 Act No. 5 Page 157
[s 182]
(2) In this section

relevant proceeding, for a person charged with an indictable
offence, means
(a) if the person pleads guilty to the charge at the persons
trialthe persons trial; or
(b) if the person has pleaded guilty to the charge before a
court and has been committed by the court for
sentencethe persons appearance for sentence.
182 Power to order plea of not guilty

The court may order that a plea of not guilty be entered for the
person for
(a) the indictable offence with which the person is charged;
and
(b) if, under the Criminal Code, section 651, a charge of a
summary offence laid against the person is to be heard
and decided by the courtthe summary offence.
183 Power to make reference to Mental Health Court and

related orders
On the making of the order under section 182, the court
must
(a) adjourn the trial; and
(b) in the way set out in section 184, refer to the Mental
Health Court the matter of the persons mental state
relating to
(i) the indictable offence with which the person is
charged; and
(ii) any summary offence mentioned in section 182(b)
that is an associated offence; and
(c) order that
(i) either
Page 158 2016 Act No. 5
[s 184]
(A) the person be remanded in custody and any

bail granted under the Bail Act 1980 for the
person be revoked; or
(B) bail be granted, enlarged or varied under the
Bail Act 1980 for the person; or
(ii) if a written agreement has been given under this
division for the persons detention in an authorised
mental health servicethe person be detained in
an inpatient unit of the service.
Note
An order made under subparagraph (ii) is a type of judicial
order. A judicial order does not authorise the provision of
involuntary treatment and care to the person.
184 How reference to Mental Health Court is made

(1) The registrar of the court that made the reference under
section 183(b) must file a notice of the reference in the
approved form in the Mental Health Court Registry.
(3) The notice must be accompanied by a copy of any report
produced to the court relating to the persons mental state.
185 Persons who may give agreement for detention

An agreement for the persons detention in an authorised
mental health service may be given by
(a) the administrator of the service; or
(b) the chief psychiatrist.
186 Agreement for detentionadministrator

(1) The administrator of an authorised mental health service may
agree to a persons detention in the service only if the
2016 Act No. 5 Page 159
[s 187]
administrator is satisfied the service has the capacity to detain

the person for treatment and care.
(2) Without limiting subsection (1), if the authorised mental
health service is not a high security unit, the administrator
must be satisfied the persons detention in the service does not
present an unreasonable risk to the safety of the person or
others having regard to the following
(a) the persons mental state and psychiatric history;
(b) the persons treatment and care needs;
(c) the security requirements for the person.
(3) If the person is a minor, the administrator of the service must
not agree under this division to the minors detention in a high
security unit unless the chief psychiatrist has given prior
written approval of the giving of the agreement.
the administrator.
187 Agreement for detentionchief psychiatrist

(1) The chief psychiatrist may agree to a persons detention in an
authorised mental health service only if the administrator of
the service has refused to agree under section 186 to the
persons detention in the service.
(2) In deciding whether to agree, the chief psychiatrist must be
satisfied of the matters mentioned in section 186(2).
Page 160 2016 Act No. 5

[s 188]
188 Effect of order for detention

(1) This section applies if a court makes an order under section
183(c)(ii) in relation to a person.
(2) An authorised person may
(a) transport the person to an inpatient unit of the authorised
mental health service stated in the order; and
(b) at the end of the adjournment, transport the person from
the authorised mental health service to appear before the
court.
Note
(3) The person may be detained under the courts order in the
Division 2 Forensic orders (Criminal Code)

(1) This division applies if, on the trial of a person charged with
an indictable offence
(a) the jury makes a relevant finding; and
(b) the Supreme Court or District Court makes a forensic
order (Criminal Code).
(2) In this section
relevant finding means
(a) a finding under the Criminal Code, section 613 (a
section 613 finding) that the person is not capable of
understanding the proceedings at the trial for the reason
that the person is of unsound mind or for another reason
stated by the jury; or
2016 Act No. 5 Page 161

[s 190]
(b) a finding under the Criminal Code, section 645 (a

section 645 finding) that the person is not of sound
mind; or
(c) a finding under the Criminal Code, section 647 that the
person is not guilty of the offence on account of the
person being of unsound mind when the act or omission
alleged to constitute the offence occurred.
190 Registrar of court to give notice of order

The registrar of the court that made the forensic order
(Criminal Code) must, within 7 days after the order is made,
give notice of the order in the approved form to
(a) the chief psychiatrist; and
(b) the tribunal.
Notes
1 See chapter 7, part 2 in relation to the examination of a person
subject to a forensic order (Criminal Code).
2 See chapter 12, part 4 for the review of forensic orders (Criminal
Code) by the tribunal.
3 If a jury makes a section 613 finding or section 645 finding in
relation to a person, the persons fitness for trial must be reviewed
by the tribunal. See chapter 12, part 6.
191 Power to transport person to authorised mental health

service
For the purpose of giving effect to the forensic order
(Criminal Code), an authorised person may transport the
person to the authorised mental health service stated in the
order.
Note
Page 162 2016 Act No. 5

[s 192]
Part 4 Detention in authorised mental

health service during trial

In this part
court means
(a) the Supreme Court; or
(b) the District Court; or
(c) a Magistrates Court.
193 Power to order persons detention in authorised mental

health service
(1) This section applies if, after the trial of a person charged with
an indictable offence has started, the court hearing the
proceeding
(a) decides the person should be remanded in custody
during an adjournment; and
(b) is satisfied that, because of the persons mental
condition, the person should be detained in an
authorised mental health service for treatment and care
during the adjournment.
(2) The court may order that the person be detained, during the
adjournment, in an inpatient unit of a stated authorised mental
health service if a written agreement has been given under this
part for the persons detention in the service.
Note
An order made under subsection (2) is a type of judicial order. A judicial
order does not authorise the provision of involuntary treatment and care
to the person.
2016 Act No. 5 Page 163

[s 194]
194 Persons who may give agreement for detention

An agreement for the persons detention in an authorised
mental health service may be given by
(a) the administrator of the service; or
(b) the chief psychiatrist.
195 Agreement for detentionadministrator

agree to a persons detention in the service only if the
administrator is satisfied the service has the capacity to detain
the person for treatment and care.
(2) Without limiting subsection (1), if the authorised mental
health service is not a high security unit, the administrator
must be satisfied the persons detention in the service does not
present an unreasonable risk to the safety of the person or
others having regard to the following
(c) the security requirements for the person.
(3) If the person is a minor, the administrator of the service must
not agree under this part to the minors detention in a high
security unit unless the chief psychiatrist has given prior
written approval of the giving of the agreement.
the administrator.
Page 164 2016 Act No. 5

[s 196]
196 Agreement for detentionchief psychiatrist

(1) The chief psychiatrist may agree to a persons detention in an
authorised mental health service only if the administrator of
the service has refused to agree under section 195 to the
persons detention in the service.
(2) In deciding whether to agree, the chief psychiatrist must be
satisfied of the matters mentioned in section 195.
197 Effect of order for detention

(1) This section applies if a court makes an order under section
193(2) in relation to a person.
(2) An authorised person may
(a) transport the person to an inpatient unit of the authorised
mental health service stated in the order; and
(b) at the end of the adjournment, transport the person from
the authorised mental health service to appear before the
court.
Note
(3) The person may be detained under the courts order in the
2016 Act No. 5 Page 165

Part 1 Preliminary
[s 198]
Chapter 7 Treatment and care of

patients
Part 1 Preliminary
198 Purpose of ch 7
The purpose of this chapter is to provide for the following
(a) the responsibilities of authorised doctors and
administrators of authorised mental health services in
providing treatment and care to patients;
(b) the assessment of patients subject to a treatment
authority to decide whether continuation of the authority
is appropriate;
(c) the authorisation of treatment in the community for
involuntary patients;
(d) the approval of temporary absences for particular
involuntary patients;
(e) the appointment of nominated support persons and the
recording of advance health directives, enduring powers
of attorney and details relating to nominated support
persons;
(f) the placing of restrictions on the use of
electroconvulsive therapy and non-ablative
neurosurgical procedures to treat a mental illness;
(g) the prohibition of psychosurgery and other treatments.
199 Relationship between this Act and custodial status of

particular patients
(1) This section applies to a patient of an authorised mental health
service who is subject to any of the following
(a) a treatment authority;
Page 166 2016 Act No. 5
[s 200]
(b) a forensic order;

(c) a treatment support order.
(2) A person making a decision about the patients authority or
order, including limited community treatment under the
authority or order, must make the decision without regard to
whether the patient is in custody under another Act.
(3) However, a decision made under this Act about the patients
authority or order, including limited community treatment
under the authority or order, is subject to any custodial
requirement under the other Act.
(4) Subsection (3) does not apply to a patient who is detained as a
classified patient in the authorised mental health service under
chapter 3.
Part 2 Responsibility to provide

treatment and care
This part applies to each of the following patients of an
(a) an involuntary patient subject to
(i) a treatment authority; or
(ii) a forensic order; or
(iii) a treatment support order;
(b) a person from another State detained in an authorised
mental health service under section 368(4);
(c) a classified patient (voluntary);
2016 Act No. 5 Page 167

[s 201]
(d) a patient receiving treatment and care under an advance

health directive or with the consent of a personal
guardian or attorney.
201 Examination of patient for purpose of providing treatment

and care
(1) This section does not apply to a patient subject to a treatment
authority, other than a patient subject to a treatment authority
who becomes a classified patient.
Note
See section 53 for deciding the nature and extent of treatment and care
under a treatment authority.
(2) An authorised doctor must examine the patient and decide the
nature and extent of treatment and care to be provided to the
patient.
(3) The examination must be made
(a) as soon as practicable after the person becomes a patient
to whom this part applies; or
(b) if a patient subject to a treatment authority, forensic
order or treatment support order becomes a classified
patientas soon as practicable after the patient
becomes a classified patient.
(4) In deciding the treatment and care to be provided to the
patient, the authorised doctor must
(a) discuss the treatment and care to be provided with the
patient; and
(b) have regard to the views, wishes and preferences of the
patient, to the extent they can be expressed, including,
for example, in an advance health directive.
Page 168 2016 Act No. 5

[s 202]
202 Authorised doctors responsibilities for treatment and

care
(1) An authorised doctor must ensure the treatment and care to be
provided to the patient is, and continues to be, appropriate for
the patients treatment and care needs and in compliance with
the requirements of this Act.
(2) The authorised doctor must record in the patients health
records the treatment and care planned to be provided, and
that is provided, to the patient.
203 Administrators responsibilities for treatment and care

(1) The administrator of the authorised mental health service has
the following responsibilities for the patient
(a) to take reasonable steps to ensure the patient receives
(i) the treatment and care planned to be provided to
the patient, as recorded in the patients health
records under section 202; and
(ii) to the extent practicable, the treatment and care
appropriate for any other illness or condition
affecting the patient;
(b) to ensure the systems for recording the patients
treatment and care, both planned and provided, can be
audited;
(c) to ensure regular assessments of the patient under
section 205 happen as decided by an authorised doctor
for the authorised mental health service.
(2) The administrator must also take reasonable steps to ensure
the patients treatment and care complies with the
requirements of this Act.
2016 Act No. 5 Page 169

[s 204]
Part 3 Patients subject to treatment

authorities
This part applies to a patient of an authorised mental health
service who is subject to a treatment authority.
Division 2 Regular assessment
205 Authorised doctor must assess patient

(1) An authorised doctor must make a first assessment of the
patient under this section on or before the date recorded in the
patients health records under section 59.
(2) Subsequent assessments of the patient under this section must
be completed within 3 months after the date of the patients
previous assessment.
(3) Also, an authorised doctor must make an assessment of the
patient under this section if the authorised doctor considers at
any time that
(a) the treatment criteria may no longer apply to the patient;
or
(b) there may be a less restrictive way for the patient to
illness.
(4) On an assessment under this section, the authorised doctor
must
(a) assess the patient; and
(b) discuss the assessment with the patient; and
Page 170 2016 Act No. 5

[s 206]
(c) decide and record in the patients health records

(i) whether the treatment criteria continue to apply to
the patient; and
(ii) whether there is a less restrictive way for the
patient to receive treatment and care for the
patients mental illness; and
(iii) if, because of the decisions required under
subparagraphs (i) and (ii), the patients treatment
authority continues
(A) whether the category of the patients
treatment authority continues to be
appropriate; and
(B) if the category is inpatientwhether the
extent of any limited community treatment
under the authority continues to be
appropriate; and
(iv) the date of the patients next assessment under this
section.
Division 3 Actions that may be taken after

assessment
206 Authorised doctor may revoke treatment authority

(1) This section applies if, after making an assessment of the
patient, an authorised doctor considers
(a) the treatment criteria no longer apply to the patient; or
(b) there is a less restrictive way for the patient to receive
treatment and care for the patients mental illness.
(2) The authorised doctor must revoke the patients treatment
authority.
(3) However, the authorised doctor is not required to revoke the
treatment authority if the authorised doctor considers the
2016 Act No. 5 Page 171
[s 207]
patients capacity to consent to be treated for the patients

mental illness is not stable.
Example of when a patients capacity to consent to be treated is not
stable
the patient gains and loses capacity to consent to be treated during a
short time period
(4) Also, if the authorised doctor is not an authorised psychiatrist,
the revocation takes effect only if the authorised doctor has
consulted with an authorised psychiatrist about the revocation.
(5) An authorised doctor must tell a patient of a revocation of the
patients treatment authority under this section as soon as
practicable after the revocation.
must give written notice of the revocation to the patient, and
the tribunal, within 7 days after the revocation.
207 Authorised psychiatrist may revoke treatment authority if

patient missing
(1) An authorised psychiatrist for an authorised mental health
service may revoke the patients treatment authority if the
authorised psychiatrist is satisfied the authorised mental
health service has not been able to locate the patient for a
period of at least 6 months.
must give written notice of the revocation to the tribunal
within 7 days after the revocation.
208 Chief psychiatrist may revoke treatment authority

(1) This section applies if the chief psychiatrist considers
(a) the treatment criteria no longer apply to the patient; or
(b) there is a less restrictive way for the patient to receive
treatment and care for the patients mental illness.
Page 172 2016 Act No. 5

[s 209]
(2) The chief psychiatrist may revoke the patients treatment

authority.
(3) The chief psychiatrist must give written notice of the
revocation to the administrator of the patients treating health
service as soon as practicable after the revocation.
(4) An authorised doctor must tell the patient of the revocation as
soon as practicable after the revocation.
(5) The administrator of the patients treating health service must
give written notice of the revocation to the tribunal within 7
days after the revocation.
209 Amendment of treatment authority to change category,

limited community treatment or conditions
(1) An authorised doctor may amend the patients treatment
authority under this section in any of the following ways
(a) to change the category of the authority;
(b) to authorise or revoke, or change the nature or extent of,
limited community treatment;
(c) to impose a condition on, or change a condition of, the
authority.
(2) However, the authorised doctor may change the category of
the authority to inpatient only if the authorised doctor
considers, after having regard to the relevant circumstances of
the patient, that 1 or more of the following can not reasonably
be met if the category of the authority is community
(a) the patients treatment and care needs;
(b) the safety and welfare of the patient;
(3) Also, the authorised doctor may make the amendment only if
satisfied the amendment is appropriate having regard to
(a) the relevant circumstances of the patient; and
2016 Act No. 5 Page 173

[s 210]
(b) for an amendment mentioned in subsection (1)(b)the

purpose of limited community treatment.
(4) The amendment must not change a condition decided by the
tribunal, or be contrary to a decision of the tribunal under
section 424 or 425.
section, the patients treatment authority must state
treatment; and
(b) the period, of not more than 7 consecutive days, for
which limited community treatment is authorised; and
(c) the duration for which the authorisation is in force.
(6) The authorised doctor must tell the patient of any proposed
amendment of the patients treatment authority and explain
the effect of the amendment to the patient.
(7) This section does not apply if the patient is a classified
patient.
Note
See part 6 in relation to classified patients.
210 Amendment of treatment authority to change category to

inpatient
(a) the category of the patients treatment authority is
community; and
(b) an authorised doctor reasonably believes
(i) there has been a material change in the patients
mental state; and
Page 174 2016 Act No. 5

[s 211]
(ii) the patient requires urgent treatment and care as an

inpatient in an authorised mental health service.
(2) Despite section 209, the authorised doctor may amend the
patients treatment authority to change the category of the
authority to inpatient.
(3) The administrator of the patients treating health service must,
as soon as practicable after the treatment authority is amended
under subsection (2), give the tribunal written notice of the
amendment.
Note
The tribunal must review the treatment authority within 14 days after
receiving written notice of the amendment of the authority. See section
413(4).
(4) Also, subsection (5) applies if, before the tribunal conducts, or
completes the hearing of, the review of the treatment authority
mentioned in section 413(4), an authorised doctor amends the
authority to change the category of the authority to
community.
as soon as practicable after the treatment authority is
amended, give the tribunal written notice of the amendment.
Note
Under section 416, the tribunal is not required to conduct, or complete
the hearing of, the review.
Part 4 Patients subject to forensic

orders
(1) This part applies to a patient of an authorised mental health
service who is subject to a forensic order.
2016 Act No. 5 Page 175
[s 212]
(2) However, this part does not apply if the patient is a classified
patient.
Note
See part 6 in relation to classified patients.
212 Amendment of forensic order (mental health) or forensic

order (disability) to change category, limited community
treatment or conditions
(1) If the patients forensic order is a forensic order (mental
health) or a forensic order (disability), an authorised doctor
may amend the patients forensic order under this section in
any of the following ways
(a) to change the category of the order;
order.
(2) The amendment must not be contrary to a decision of the
Mental Health Court or the tribunal.
Example of a decision that would be contrary to a decision of the Mental
Health Court or tribunal
authorising limited community treatment for the person to a greater
extent than the Mental Health Court or the tribunal has decided under
section 139(1)(c) or 445(2)(c)
(3) The authorised doctor may amend the order to increase the
extent of treatment in the community only if satisfied, after
having regard to the matters mentioned in subsection (4), that
there is not an unacceptable risk to the safety of the
community, because of the persons mental condition,
including the risk of serious harm to other persons or property.
(4) The matters to which the authorised doctor must have regard
are
(a) the patients relevant circumstances; and
Page 176 2016 Act No. 5
[s 213]

purpose of limited community treatment; and
(c) the nature of the relevant unlawful act and the period of
time that has passed since the act happened.
amendment of the patients forensic order and explain the
effect of the amendment to the patient.
213 Amendment of forensic order to change category to

inpatient
(a) the category of the patients forensic order is
community; and
mental state; and
(2) Despite section 212(2), the authorised doctor may amend the
patients forensic order to change the category of the order to
inpatient.
as soon as practicable after the forensic order is amended
under subsection (2), give the tribunal written notice of the
amendment.
Note
The tribunal must review the forensic order within 21 days after
receiving written notice of the amendment of the order. See section
433(4).
completes the hearing of, the review of the forensic order
mentioned in section 433(4), an authorised doctor amends the
order to change the category of the order to community.
2016 Act No. 5 Page 177
[s 214]

as soon as practicable after the forensic order is amended, give
the tribunal written notice of the amendment.
Note
214 Limited community treatment for patient subject to

forensic order (Criminal Code)
(1) An authorised doctor may authorise or revoke, or change the
nature or extent of, limited community treatment for the
patient if
(a) the patients forensic order is a forensic order (Criminal
Code); and
(b) the chief psychiatrist has given written approval for the
limited community treatment.
(2) The authorised doctor may authorise or revoke, or change the
nature or extent of, limited community treatment only if
satisfied, after having regard to the matters mentioned in
subsection (4), that there is not an unacceptable risk to the
safety of the community, because of the persons mental
or property.
(3) The chief psychiatrist may give written approval for the
limited community treatment only if satisfied, after having
regard to the matters mentioned in subsection (4), that there is
not an unacceptable risk to the safety of the community,
because of the persons mental condition, including the risk of
serious harm to other persons or property.
(4) The matters to which the authorised doctor or chief
psychiatrist must have regard are
(b) the purpose of limited community treatment; and
Page 178 2016 Act No. 5

[s 215]
(c) the nature of the relevant unlawful act and the period of
(5) The limited community treatment ends on the day the tribunal
makes a decision under section 461 in relation to the patients
forensic order (Criminal Code).
Part 5 Patients subject to treatment

support orders
(1) This part applies to a patient of an authorised mental health
service who is subject to a treatment support order.
(2) However, this part does not apply if the patient is a classified
patient.
Note
See part 6 for provisions applying to classified patients.
216 Amendment of treatment support order to change

category, limited community treatment or conditions
(1) An authorised doctor may amend the patients treatment
support order under this section in any of the following
ways
(a) to change the category of the order;
order.
(2) However, the authorised doctor may change the category of
the order to inpatient only if the authorised doctor considers,
after having regard to the relevant circumstances of the
2016 Act No. 5 Page 179
[s 216]
patient, that 1 or more of the following can not reasonably be

met if the category of the order is community
(a) the patients treatment and care needs;
(b) the safety and welfare of the patient;
(3) Also, the authorised doctor may make the amendment only if
satisfied the amendment is appropriate having regard to
purpose of limited community treatment; and
(c) the nature of the relevant unlawful act and the amount of
(4) The amendment must not
(a) change a condition decided by the Mental Health Court
or tribunal; or
(b)reduce the extent of treatment in the community
received by the patient contrary to a decision of the
Mental Health Court under section 145(5) or the
tribunal under section 476 or 477(4).
(5) Subject to subsection (4), the power of an authorised doctor
under subsection (1) is not limited by a decision of the Mental
Health Court or tribunal.
section, the patients treatment support order must state
treatment; and
(b) the period, of not more than 7 consecutive days, for
which limited community treatment is authorised; and
(c) the duration for which the order is in force.
Page 180 2016 Act No. 5

[s 217]

amendment of the patients treatment support order and
explain the effect of the amendment to the patient.
217 Amendment of treatment support order to change

category to inpatient
(a) the category of the patients treatment support order is
community; and
mental state; and
(2) Despite section 216, the authorised doctor may amend the
patients treatment support order to change the category of the
order to inpatient.
as soon as practicable after the treatment support order is
amended under subsection (2), give the tribunal written notice
of the amendment.
Note
The tribunal must review the treatment support order within 14 days
after receiving written notice of the amendment of the order. See section
465(4).
completes the hearing of, the review of the treatment support
order mentioned in section 465(4), an authorised doctor
amends the order to change the category of the order to
community.
2016 Act No. 5 Page 181

Part 6 Classified patients and patients subject to judicial orders
[s 218]

as soon as practicable after the treatment support order is
amended, give the tribunal written notice of the amendment.
Note
Part 6 Classified patients and patients

subject to judicial orders
This part applies to each of the following patients of an
authorised mental health service if the patient is detained at
the service
(a) a classified patient;
(b) a patient subject to a judicial order.
219 Authorisation of limited community treatment

(1) An authorised doctor may authorise limited community
treatment for the patient if
(a) the chief psychiatrist has given written approval for the
limited community treatment; and
(b) the authorised doctor is satisfied the patient is unlikely
to abscond from the authorised mental health service
while receiving the limited community treatment.
(2) The chief psychiatrist may give written approval under
subsection (1)(a) if the chief psychiatrist is satisfied the
patient is unlikely to abscond from the authorised mental
health service while receiving the limited community
treatment.
Page 182 2016 Act No. 5
[s 220]
(3) For this section, the patients limited community treatment

must be confined to the grounds and buildings of the
authorised mental health service in which the patient is
detained.
(4) The patient must remain in the physical presence of a health
service employee while the patient is receiving the limited
community treatment.
Part 7 Obligations in relation to

treatment in the community
220 Patients obligations to be recorded and explained

(1) This section applies if a patient who is subject to a treatment
authority, forensic order or treatment support order is
authorised under this Act to receive treatment in the
community outside an authorised mental health service.
(2) An authorised doctor must decide
(a) the treatment and care to be provided to the patient
while receiving the treatment in the community; and
(b) the patients obligations while receiving the treatment in
the community, including, for example, obligations to
attend scheduled appointments with the patients
treating health service.
(3) In deciding the matters mentioned in subsection (2), the
authorised doctor must discuss the matters with the person.
(4) Before the patient physically leaves the authorised mental
health service to receive the treatment in the community, the
(a) explain to the patient the matters mentioned in
subsection (2); and
2016 Act No. 5 Page 183

[s 221]
(b) record in the patients health records the matters

mentioned in subsection (2); and
(c) give the patient a written notice summarising the matters
mentioned in subsection (2).
(5) An authorised doctor is required to comply with subsection
(4) only once for each type of treatment in the community
authorised for the patient under this Act.
Example
If a patient is authorised to receive treatment in the community in the
form of day leave on each day of 1 week, an authorised doctor for the
authorised mental health service is required to comply with subsection
(4) only once, and not on each day of the week.
(6) This section does not apply if the treatment in the community
authorised for the patient under this Act is escorted day leave.
(7) In this section
escorted day leave, for a patient in an authorised mental health
service, means the patient, for a period of not more than 1 day
and not overnight
(a) is authorised to be physically away from the service; and
(b) is required to remain in the physical presence of a health
service employee while physically away from the
service.
221 Chief psychiatrist may approve temporary absence

(1) This section applies to each of the following patients
(a) a patient subject to a forensic order if the category is
inpatient;
(b) a classified patient;
(c) a patient subject to a judicial order.
(2) The chief psychiatrist may approve the patients temporary
absence from an authorised mental health service
(a) to receive medical, dental or other health treatment; or
Page 184 2016 Act No. 5
[s 221]
(b) to appear before a court, tribunal or other body; or

(c) to look for accommodation for the patient for when the
patient is discharged from the service; or
(d) for a purpose based on compassionate grounds; or
(e) for another purpose the chief psychiatrist is satisfied
justifies approving the absence.
(3) As soon as practicable after approving the temporary absence,
the chief psychiatrist must give written notice of the approval
to the administrator of the authorised mental health service.
(4) The written notice must state
(a) the approved period of temporary absence; and
(b) any conditions to which the approval is subject,
including, for example, that the patient remain in the
physical presence of a stated person for the period of the
temporary absence.
(5) If the patient does not return to the authorised mental health
service after the approved period of temporary absence, an
authorised person may transport the patient to the authorised
Note
2016 Act No. 5 Page 185

Part 8 Advance health directives, nominated support persons and records system
[s 222]
Part 8 Advance health directives,

nominated support persons
and records system
Division 1 Advance health directives
222 Advance health directive may include views about

treatment and care
(1) This section applies if, by an advance health directive, a
principal gives a direction about health matters or special
health matters, or appoints an attorney to exercise power for
health matters, relating to the principals future treatment and
care for a mental illness.
Note
An advance health directive may be made under the Powers of Attorney
Act 1998 only by an adult.
(2) Without limiting the Powers of Attorney Act 1998, section
35(1)(b), the advance health directive may include the
principals views, wishes and preferences about the principals
future treatment and care for a mental illness.
Note
Views, wishes and preferences about treatment and care expressed in an
advance health directive must be taken into account under section 53 in
deciding the nature and extent of treatment and care to be provided
under a treatment authority.
(3) In this section
health matter see the Powers of Attorney Act 1998, schedule
2, section 4.
principal see the Powers of Attorney Act 1998, section 5.
special health matter see the Powers of Attorney Act 1998,
schedule 2, section 6.
Page 186 2016 Act No. 5

[s 223]
Division 2 Nominated support persons
223 Who is a nominated support person

(1) A person is a nominated support person of another person
(the appointing person) if
(a) the person has been appointed, by written notice, as a
nominated support person by the appointing person; and
(b) the appointing person had capacity to make the
appointment at the time of the appointment; and
(c) a record for the appointment is kept in the records
system.
(2) The appointing person may appoint no more than 2 nominated
support persons.
(3) The appointing person may revoke the appointment of a
nominated support person by written notice given to the
nominated support person.
(4) A revocation takes effect only if the appointing person has
capacity to revoke the appointment at the time of the
revocation.
(5) A nominated support person may resign by written notice
given to the appointing person.
(6) For this section, a person has capacity to make or revoke an
appointment of a nominated support person if the person has
the ability to
(a) understand the nature and effect of the appointment or
revocation; and
(b) make and communicate the appointment or revocation.
224 Functions of nominated support person

A nominated support person may, if the appointing person is
or becomes an involuntary patient, do any of the following
2016 Act No. 5 Page 187

[s 225]
(a) receive notices for the appointing person under this Act;
(b) receive confidential information, under the Hospital and
Health Boards Act 2011, relating to the appointing
person;
(c) request a psychiatrist report under section 90;
(d) to the extent permitted under chapter 12 or 16
(i) act as the appointing persons support person in the
tribunal; or
(ii) represent the appointing person in the tribunal.
Division 3 Records system
225 Chief psychiatrist to maintain records system

(1) The chief psychiatrist must establish and maintain a system
(the records system) for keeping electronic records of
(a) advance health directives; and
(b) enduring powers of attorney for a personal matter; and
(c) appointments of nominated support persons.
(2) The records system must be capable of keeping an electronic
record for a matter mentioned in subsection (1) consisting
of
(a) a record stating the directive, power of attorney or
appointment has been made by a stated person on a
stated date; and
(b) an electronic copy of the directive, power of attorney or
notice of appointment.
226 Request to keep record

(1) This section applies if a person
Page 188 2016 Act No. 5

[s 227]
(a) makes an advance health directive, or enduring power of

attorney for a personal matter, relating to the persons
future treatment and care for a mental illness; or
(b) appoints a nominated support person.
(2) The person may
(a) give the administrator of an authorised mental health
service a copy of the directive, power of attorney or
notice of appointment; and
(b) ask the administrator to keep a record for the matter in
the records system.
(3) The administrator must
(a) comply with the request; and
(b) on complying with the request, give the person written
notice confirming compliance with the request.
227 Requirement to give noticematters relating to advance

health directive
(a) a record for an advance health directive or enduring
power of attorney for a personal matter is kept in the
records system; and
(b) under the Powers of Attorney Act 1998
(i) the directive or power of attorney is revoked by the
person who made it, including, to the extent of an
inconsistency, by the making of a later advance
health directive or power of attorney; or
(ii) to the extent the directive or power or attorney
gives power to an attorney for a matterthe
attorney resigns.
(2) The person must give the administrator of an authorised
mental health service written notice of the revocation or
resignation.
2016 Act No. 5 Page 189
[s 228]
(3) If subsection (1)(b)(ii) applies, the person is taken to have

complied with subsection (2) if the attorney gives the
administrator of an authorised mental health service written
notice of the resignation.
(4) On receiving a notice under subsection (2) or (3), the
administrator must remove or, for an inconsistency mentioned
in subsection (1)(b)(i), update the record for the advance
health directive or power of attorney in the records system.
228 Requirement to give noticerevocation of appointment

of nominated support person
(a) a record for an appointment of a nominated support
person is kept in the records system; and
(b) the appointment is revoked by the person who made it.
mental health service written notice of the revocation.
(3) On receiving the notice, the administrator must remove the
record for the appointment from the records system.
229 Requirement to give noticeresignation of nominated

support person
(a) a record for an appointment of a nominated support
person is kept in the records system; and
(b) the person resigns as nominated support person.
mental health service written notice of the resignation.
(3) On receiving the notice, the administrator must remove the
record for the appointment from the records system.
Page 190 2016 Act No. 5

Part 9 Reporting on minors admitted to particular authorised mental health services
[s 230]
230 Copy in records system is proof

(1) This section applies if a record for an advance health directive
or enduring power of attorney for a personal matter is kept in
the records system.
(2) The directive or power of attorney may be proved by a copy
produced from the records system.
Note
See also the Powers of Attorney Act 1998, section 45 for other ways in
which the directive or power of attorney may be proved.
Part 9 Reporting on minors admitted

to particular authorised mental
health services
231 Obligation to notify public guardian

(1) This section applies if a minor is admitted to
(a) a high security unit; or
(b) an inpatient unit of an authorised mental health service,
other than a child and adolescent inpatient unit.
must, within 72 hours after the minor is admitted, give the
public guardian written notice of the admission.
enter into arrangements with the chief psychiatrist for the
giving of notices under subsection (2), on behalf of the
administrator, to the public guardian.
(4) In this section
child and adolescent inpatient unit means an inpatient unit of
an authorised mental health service that provides treatment
and care only to minors or young adults.
2016 Act No. 5 Page 191
[s 232]
Example
an inpatient unit of an authorised mental health service that admits only
minors, or patients between 16 and 21 years
232 Meaning of regulated treatment

In this part
regulated treatment means
(a) electroconvulsive therapy; or
(b) a non-ablative neurosurgical procedure.
Division 2 Informed consent
233 Requirements for informed consent

(1) A person gives informed consent to the persons treatment by
regulated treatment only if
(a) the person has capacity to give consent to the treatment;
and
(b) the consent is in writing signed by the person; and
(c) the consent is given freely and voluntarily.
(2) For subsection (1)(a), the person has capacity to give consent
to the treatment if the person has the ability to
(a) understand the nature and effect of a decision relating to
the treatment; and
Page 192 2016 Act No. 5

[s 234]
(b) make and communicate the decision.

(3) A person can give informed consent in an advance health
directive.
234 Explanation to be given

Before a person gives informed consent to the persons
treatment by regulated treatment, the doctor proposing to
provide the treatment must give the person a full explanation,
in a form and language able to be understood by the person,
about
(a) the purpose, method, likely duration and expected
benefit of the treatment; and
(b) possible pain, discomfort, risks and side effects
associated with the treatment; and
(c) alternative methods of treatment available to the person;
and
(d) the consequences of not receiving treatment.
235 Offence to perform electroconvulsive therapy

A person must not perform electroconvulsive therapy on
another person other than under this Act.
Maximum penalty200 penalty units or 2 years
imprisonment.
236 Performance of electroconvulsive therapy with consent

or tribunal approval
(1) A doctor for an authorised mental health service may perform
electroconvulsive therapy on a patient in the authorised
mental health service if
2016 Act No. 5 Page 193

[s 237]
(a) the patient is an adult and has given informed consent to

the treatment; or
(b) the patient is an adult, who is unable to give informed
consent to the treatment, and the tribunal has approved
under section 509 the performance of the therapy on the
adult; or
(c) the patient is a minor and the tribunal has approved
under section 509 the performance of the therapy on the
minor.
(2) If a doctor makes an application under section 507 to the
tribunal for approval to perform the therapy on the patient, the
doctor must, as soon as practicable after the application is
made and to the extent practicable
(a) tell the patient the application has been made; and
(b) explain the application to the patient.
237 Performance of electroconvulsive therapy in emergency

(1) This section applies to the following (each a relevant
patient)
(a) an involuntary patient subject to a treatment authority,
forensic order or treatment support order;
(2) A doctor for an authorised mental health service may perform
electroconvulsive therapy on the relevant patient in the
authorised mental health service if
(a) a certificate under subsection (3) is in force for the
relevant patient; and
(b) an application under section 507 has been made to the
tribunal to perform electroconvulsive therapy on the
relevant patient and is not decided.
Page 194 2016 Act No. 5

[s 238]
(3) The doctor and the senior medical administrator of the

relevant patients treating health service may certify in writing
that performing electroconvulsive therapy on the relevant
patient is necessary
(a) to save the relevant patients life; or
(b) to prevent the relevant patient from suffering irreparable
harm.
(4) A certificate given under subsection (3) is in force for the
period that
(a) starts on the day the application under section 507 is
made; and
(b) ends on the day the application under section 507 is
decided.
Note
Section 727(a) provides that an application under section 507 must be
heard as soon as practicable after the application is made.
Division 4 Non-ablative neurosurgical

procedures
238 Offence to perform non-ablative neurosurgical procedure

(1) A person must not perform a non-ablative neurosurgical
procedure on another person for the purpose of treating the
other persons mental illness other than under this Act.
imprisonment.
(2) To remove any doubt, it is declared that, for subsection (1),
none of the following is a mental illness
(a) chronic tic disorder, dystonia, epilepsy, Gilles de la
Tourette syndrome, Parkinsons disease or tremor;
(b) another neurological disorder prescribed by regulation.
2016 Act No. 5 Page 195

[s 239]
239 Performance of non-ablative neurosurgical procedure

with consent and tribunal approval
A doctor for an authorised mental health service may perform
a non-ablative neurosurgical procedure on a person in the
authorised mental health service if
(a) the person has given informed consent to the treatment;
and
(b) the tribunal has approved under section 512 the
performance of the procedure on the person.
Example of a non-ablative neurosurgical procedure
deep brain stimulation
240 Particular therapies prohibited

A person must not administer to another person
(a) insulin induced coma therapy; or
(b) deep sleep therapy.
imprisonment.
241 Psychosurgery prohibited

A person must not perform psychosurgery on another person.
imprisonment.
Page 196 2016 Act No. 5

Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices
Part 1 Preliminary
[s 242]
Chapter 8 Use of mechanical restraint,

seclusion, physical
restraint and other
practices
Part 1 Preliminary
242 Purpose of ch 8
The purpose of this chapter is to provide for restrictions on the
use of mechanical restraint, seclusion and physical restraint,
and the appropriate use of medication, on patients in
authorised mental health services.
Notes
1 See section 374 for the power to administer medication to a person
for the purpose of transporting the person.
2 See section 375 for the power to use mechanical restraint on an
involuntary patient for the purpose of transporting the patient.

In this chapter
approved device means a device approved by the chief
psychiatrist, including, for example, in the restraint, seclusion
and other practices policy.
mechanical restraint see section 244.
medication, for part 5, division 2, see section 271.
patient means
(a) an involuntary patient; or
(b) a person receiving treatment and care for a mental
illness in an authorised mental health service, other than
as an involuntary patient, including a person receiving
2016 Act No. 5 Page 197
[s 244]
treatment and care under an advance health directive or

with the consent of a personal guardian or attorney.
physical restraint see section 268.
reduction and elimination plan see section 264.
relevant patient means
(a) an involuntary patient in an authorised mental health
service who is subject to a treatment authority, forensic
order or treatment support order; or
required information means information required by the
chief psychiatrist in the restraint, seclusion and other practices
policy.
required time and way means the time and way required by
the chief psychiatrist in the restraint, seclusion and other
practices policy.
seclusion see section 254.
unit, within an authorised mental health service, includes an
emergency department or other assessment or treatment unit
within the service.
244 Meaning of mechanical restraint

(1) Mechanical restraint is the restraint of a person by the
application of a device to the persons body, or a limb of the
person, to restrict the persons movement.
Page 198 2016 Act No. 5

[s 245]
(2) However, mechanical restraint does not include

(a) the appropriate use of a medical or surgical appliance in
the treatment of physical illness or injury; or
(b) restraint of a person that is authorised or permitted
under a law other than this part.
Example for paragraph (b)
The restraint of a person by a police officer may be authorised
under the Police Powers and Responsibilities Act 2000, section
615.
245 Offence
A person must not use mechanical restraint on a patient in an
authorised mental health service other than under this Act.
Division 2 Authorised mechanical restraint
246 Requirements for use of mechanical restraint on relevant

patients
(1) This section applies to a relevant patient.
(2) An authorised doctor, or a health practitioner authorised by an
authorised doctor, may use mechanical restraint on the
relevant patient in the authorised mental health service if
(a) the authorised mental health service is
(i) a high security unit; or
(ii) another authorised mental health service approved
by the chief psychiatrist for the purposes of this
part; and
(b) the device used is an approved device; and
2016 Act No. 5 Page 199

[s 247]
(c) the chief psychiatrist has given approval under section

249 for an authorised doctor to authorise the use of
mechanical restraint on the relevant patient; and
(d) the use of mechanical restraint on the relevant patient is
authorised by an authorised doctor under section 250;
and
(e) the use of mechanical restraint on the relevant patient
complies with the restraint, seclusion and other practices
policy; and
(f) if a reduction and elimination plan for the relevant
patient has been approved under section 267the use of
mechanical restraint on the relevant patient complies
with the plan; and
(g) the use of mechanical restraint on the relevant patient,
including applying the device to the relevant patient, is
with no more force than is necessary and reasonable in
the circumstances; and
(h) the relevant patient is observed continuously while
restrained.
247 Application for chief psychiatrists approval

(1) An authorised doctor may apply to the chief psychiatrist for
an approval enabling the authorised doctor to authorise, under
section 250, the use of mechanical restraint on a relevant
patient in an authorised mental health service.
(2) The application must be in the approved form and state the
following
(a) the name of the relevant patient and the relevant
patients treating health service;
(b) information about the relevant patients mental
condition;
(c) the reasons why the authorised doctor considers there is
no other reasonably practicable way to protect the
relevant patient or others from physical harm;
Page 200 2016 Act No. 5
[s 248]
(d) the period, of not more than 7 days, for which the
approval is sought;
(e) the approved device for which the approval is sought;
(f) any proposed limitations on the use of mechanical
restraint on the relevant patient;
(g) the way in which the relevant patient is to be observed
continuously while restrained.
(3) The application may include an application under section 266
for approval of a reduction and elimination plan for the
relevant patient.
248 Chief psychiatrist may require amendment of application

to include reduction and elimination plan
(1) This section applies if an application made by an authorised
doctor under section 247 does not include an application
under section 266 for approval of a reduction and elimination
plan for the relevant patient.
(2) The chief psychiatrist may, by written notice given to the
authorised doctor, require the authorised doctor to amend the
application to include an application under section 266 for
approval of a reduction and elimination plan for the relevant
patient.
249 Chief psychiatrist may approve authorisation of use of

mechanical restraint
(1) The chief psychiatrist may give approval enabling an
authorised doctor to authorise, under section 250, the use of
mechanical restraint on a relevant patient if the chief
psychiatrist is satisfied there is no other reasonably
practicable way to protect the relevant patient or others from
physical harm.
(2) The approval must state
2016 Act No. 5 Page 201

[s 250]
(a) the period, of not more than 7 days, during which an

authorised doctor may authorise the use of mechanical
restraint on the relevant patient; and
(b) the approved device that must be used; and
(c) any limitations to be included in the authorisation
relating to the use of mechanical restraint on the relevant
patient; and
(d) the way in which the relevant patient must be observed
continuously while restrained; and
(e) any other conditions the chief psychiatrist considers
appropriate.
(3) The approval may include approval under section 267 of a
reduction and elimination plan for the relevant patient.
250 Authorisation of use of mechanical restraint by

authorised doctor
(1) An authorised doctor may authorise the use of mechanical
restraint on a relevant patient in an authorised mental health
service if the authorised doctor is satisfied
(a) there is no other reasonably practicable way to protect
the relevant patient or others from physical harm; and
(b) the authorisation complies with the approval given by
the chief psychiatrist under section 249; and
(c) the authorisation complies with the restraint, seclusion
and other practices policy; and
(d) if a reduction and elimination plan for the relevant
patient has been approved under section 267the
authorisation complies with the plan.
(2) The authorisation must be in writing and state the following
(a) the period, of not more than 3 hours, during which
mechanical restraint may be used on the relevant
patient;
Page 202 2016 Act No. 5
[s 251]
(b) the approved device that must be used;

(c) the time at which the use of mechanical restraint on the
relevant patient is to start (the start time);
(d) the time at which the use of mechanical restraint on the
relevant patient is to end (the end time);
(e) the measures that must be taken to ensure the health,
safety and comfort of the relevant patient;
(f) the way in which the relevant patient must be observed
continuously while restrained;
(g) whether a health practitioner may end the use of
mechanical restraint before the end time.
(3) The authorisation may state a start time that is immediately
after the end time of a previous authorisation.
(4) However, an authorisation may not be given if the total period
for which mechanical restraint has been or may have been
used on the relevant patient, under the authorisation and any
previous authorisation, is more than 9 hours in a 24-hour
period.
(5) Subsection (4) does not apply if a reduction and elimination
plan approved under section 267 provides for the use of
mechanical restraint on the relevant patient for more than 9
hours in a 24-hour period.
251 Duties of health practitioner in charge of unit

The health practitioner in charge of an inpatient unit or other
unit within an authorised mental health service must, if
mechanical restraint is used on a relevant patient while the
health practitioner is in charge of the unit
(a) ensure the use complies with the authorisation under
section 250; and
(b) ensure the relevant patients reasonable needs are met,
including, for example, being given
(i) sufficient bedding and clothing; and
2016 Act No. 5 Page 203
[s 252]
(ii) sufficient food and drink; and

(iii) access to toilet facilities; and
(c) record the required information about the use of
mechanical restraint on the relevant patient in the
required time and way.
252 Removal of mechanical restraint before authorisation

ends
(1) The chief psychiatrist must direct an authorised doctor, or the
health practitioner in charge of the unit, to end the use of
mechanical restraint on a relevant patient, before the end time
stated in the authorisation under section 250, if the chief
psychiatrist is satisfied the use of mechanical restraint on the
relevant patient is no longer necessary to protect the relevant
patient or others from physical harm.
(2) An authorised doctor must end the use of mechanical restraint
on a relevant patient, before the end time stated in the
authorisation under section 250, if the authorised doctor is
satisfied the use of mechanical restraint on the relevant patient
is no longer necessary to protect the relevant patient or others
from physical harm.
(3) The health practitioner in charge of the unit must end the use
of mechanical restraint on a relevant patient, before the end
time stated in the authorisation under section 250, if
(a) the authorisation states a health practitioner may end the
use of mechanical restraint before the end time; and
(b) the health practitioner is satisfied the use of mechanical
restraint on the relevant patient is no longer necessary to
protect the relevant patient or others from physical
harm.
(4) If the health practitioner in charge of the unit ends the use of
mechanical restraint under subsection (3), the health
practitioner must tell the authorised doctor who gave the
authorisation as soon as practicable after the use is ended.
Page 204 2016 Act No. 5
Part 3 Seclusion
[s 253]
253 Reuse of mechanical restraint

(1) This section applies if an authorised doctor or the health
practitioner in charge of the unit ends the use of mechanical
restraint under section 252.
(2) The authorised doctor or health practitioner may, at any time
before the end time stated in the authorisation under section
250, reuse mechanical restraint on the relevant patient if
satisfied there is no other reasonably practicable way to
protect the relevant patient or others from physical harm.
(3) The reuse must comply with the authorisation under section
250 including the end time stated in the authorisation.
(4) If the health practitioner in charge of the unit reuses
mechanical restraint under subsection (2), the health
authorisation as soon as practicable after the reuse.
Part 3 Seclusion
254 Meaning of seclusion

(1) Seclusion is the confinement of a person, at any time of the
day or night, alone in a room or area from which free exit is
prevented.
(2) However, seclusion does not include
(a) confinement of a person in a high security unit, or in
another authorised mental health service approved by
the chief psychiatrist for the purposes of this part, if the
confinement is
2016 Act No. 5 Page 205

Part 3 Seclusion
[s 255]
(i) for a period, approved by the administrator of the

service, of not more than 10 hours between 8p.m.
and 8a.m.; and
(ii) for security purposes; or
(b) confinement that is authorised under a law other than
this part.
255 Offence
A person must not keep a patient in seclusion in an authorised
mental health service other than under this Act.
Division 2 Authorised seclusion
256 Requirements for seclusion of relevant patients

(1) This section applies to a relevant patient.
(2) An authorised doctor, or a health practitioner authorised by an
authorised doctor, may keep the relevant patient in seclusion
in the authorised mental health service if
(a) the seclusion of the relevant patient is authorised by an
authorised doctor under section 258 or 259; and
(b) if a written direction about seclusion has been given
under section 257 to the authorised mental health
servicethe seclusion of the relevant patient complies
with the direction; and
(c) the seclusion of the relevant patient complies with the
restraint, seclusion and other practices policy; and
seclusion of the relevant patient complies with the plan;
and
Page 206 2016 Act No. 5

Part 3 Seclusion
[s 257]
(e) the seclusion of the relevant patient is done with no

more force than is necessary and reasonable in the
circumstances; and
(f) the relevant patient is observed, while kept in seclusion,
either
(i) continuously; or
(ii) at intervals of not more than 15 minutes.
257 Chief psychiatrist may give written direction about

seclusion
The chief psychiatrist may give an authorised mental health
service a written direction stating any of the following
(a) that no relevant patients may be kept in seclusion;
(b) that a class of relevant patients may not be kept in
seclusion;
(c) that a particular relevant patient may not be kept in
seclusion;
(d) requirements about the way in which all relevant
patients, a class of relevant patients, or a particular
relevant patient are to be kept in seclusion;
(e) that all relevant patients, a class of relevant patients, or a
particular relevant patient may be kept in seclusion only
if the seclusion is provided for under a reduction and
elimination plan for the relevant patient approved under
section 267.
258 Authorisation of seclusion by authorised doctor

(1) An authorised doctor may authorise the seclusion of a relevant
patient in an authorised mental health service if the authorised
doctor is satisfied
(a) there is no other reasonably practicable way to protect
the relevant patient or others from physical harm; and
2016 Act No. 5 Page 207
Part 3 Seclusion
[s 258]
(b) if a written direction about seclusion has been given

under section 257 to the authorised mental health
servicethe seclusion complies with the direction; and
(c) the seclusion of the relevant patient complies with the
restraint, seclusion and other practices policy; and
seclusion of the relevant patient complies with the plan.
(2) The authorisation must be in writing and state the following
(a) the period, of not more than 3 hours, during which the
relevant patient may be kept in seclusion;
(b) the time at which the seclusion of the relevant patient is
to start (the start time);
(c) the time at which the seclusion of the relevant patient is
to end (the end time);
(d) the measures that must be taken to ensure the health,
(e) the way in which the relevant patient must be observed
while kept in seclusion including whether the relevant
patient must be observed continuously or at stated
intervals of not more than 15 minutes;
(f) whether a health practitioner may remove the relevant
patient from seclusion before the end time.
(3) The authorisation may state a start time that is immediately
after the end time of a previous authorisation.
(4) However, an authorisation may not be given if the total period
for which the relevant patient has been or may be kept in
seclusion, under the authorisation and any previous
authorisation, and under section 263, is more than 9 hours in a
24-hour period.
(5) Subsection (4) does not apply if a reduction and elimination
plan approved under section 267 provides for the seclusion of
Page 208 2016 Act No. 5

Part 3 Seclusion
[s 259]
the relevant patient, including under section 263, for more

than 9 hours in a 24-hour period.
259 Extension of period of seclusion

(1) This section applies if the total period for which a relevant
patient has been or may be kept in seclusion in an authorised
mental health service under an authorisation made under
section 258 is more than 9 hours in a 24-hour period.
(2) An authorised doctor for the authorised mental health service
may extend the period during which the relevant patient may
be kept in seclusion, for a further period of not more than 12
hours, if
(a) the authorised doctor is satisfied
(i) of the matters mentioned in section 258(1)(a) to
(d); and
(ii) it has not been reasonably practicable for a
reduction and elimination plan for the relevant
patient to be approved during the 9 hours; and
(b) the senior medical administrator of the authorised
mental health service, upon being satisfied of the
matters mentioned in paragraph (a), has given written
approval for the extension.
(3) The extension must be in writing and state the following
(a) the further period, of not more than 12 hours, during
which the relevant patient may be kept in seclusion;
(b) the time at which the further period of seclusion of the
relevant patient is to start (the start time);
(c) the time at which the further period of seclusion of the
relevant patient is to end (the end time);
(d) the measures that must be taken to ensure the health,
(e) the way in which the relevant patient must be observed
while kept in the further period of seclusion, including
2016 Act No. 5 Page 209
Part 3 Seclusion
[s 260]
whether the relevant patient must be observed

continuously or at stated intervals of not more than 15
minutes;
(f) whether a health practitioner may remove the relevant
patient from seclusion before the end time.
(4) As soon as practicable after giving the extension, the senior
medical administrator must
(a) notify the chief psychiatrist of the extension; and
(b) make an application under section 266 for a reduction
and elimination plan for the relevant patient.
(5) The power under this section to extend a period during which
a relevant patient may be kept in seclusion may only be
exercised once for each occasion the relevant patient receives
treatment and care in the authorised mental health service.
260 Duties of health practitioner in charge of unit

The health practitioner in charge of an inpatient unit or other
unit within an authorised mental health service must, if the
relevant patient is kept in seclusion while the health
practitioner is in charge of the unit
(a) ensure the seclusion complies with the authorisation
under section 258 or 259; and
(b) ensure the relevant patients reasonable needs are met,
including, for example, being given
(i) sufficient bedding and clothing; and
(ii) sufficient food and drink; and
(iii) access to toilet facilities; and
(c) record the required information about the seclusion of
the relevant patient in the required time and way.
Page 210 2016 Act No. 5

Part 3 Seclusion
[s 261]
261 Removal from seclusion before authorisation ends

(1) The chief psychiatrist must direct an authorised doctor, or the
health practitioner in charge of the unit, to remove a relevant
patient from seclusion, before the end time stated in the
authorisation under section 258 or 259, if the chief
psychiatrist is satisfied that seclusion of the relevant patient is
no longer necessary to protect the relevant patient or others
from physical harm.
(2) An authorised doctor must remove a relevant patient from
seclusion, before the end time stated in the authorisation
under section 258 or 259, if the authorised doctor is satisfied
that seclusion of the relevant patient is no longer necessary to
protect the relevant patient or others from physical harm.
(3) The health practitioner in charge of the unit must remove a
relevant patient from seclusion, before the end time stated in
the authorisation under section 258 or 259, if
(a) the authorisation states a health practitioner may remove
the relevant patient from seclusion before the end time;
and
(b) the health practitioner is satisfied that seclusion of the
relevant patient is no longer necessary to protect the
relevant patient or others from physical harm.
(4) If the health practitioner in charge of the unit removes a
relevant patient from seclusion under subsection (3), the
health practitioner must tell the authorised doctor who gave
the authorisation as soon as practicable after the removal.
262 Return to seclusion after removal

(1) This section applies if an authorised doctor or the health
practitioner in charge of the unit removes a relevant patient
from seclusion under section 261.
(2) The authorised doctor or health practitioner may, at any time
before the end time stated in the authorisation under section
258 or 259, return the relevant patient to seclusion if satisfied
2016 Act No. 5 Page 211
Part 3 Seclusion
[s 263]
there is no other reasonably practicable way to protect the

(3) The return to seclusion must comply with the authorisation
under section 258 or 259 including the end time stated in the
authorisation.
(4) If the health practitioner in charge of the unit returns the
relevant patient to seclusion under subsection (2), the health
authorisation as soon as practicable after the return.
Division 3 Emergency seclusion
263 Requirements for emergency seclusion by health

practitioner in charge of unit
(1) The health practitioner in charge of an inpatient unit or other
unit within an authorised mental health service, or an
appropriately qualified person authorised by the health
practitioner, may keep a relevant patient in seclusion in the
unit if
(a) the health practitioner is satisfied
(i) there is no other reasonably practicable way to
protect the relevant patient or others from physical
harm; and
(ii) if a written direction about seclusion has been
given under section 257 to the authorised mental
health servicethe seclusion of the relevant
patient complies with the direction; and
(iii) it is not practicable in the circumstances for an
authorised doctor to authorise the seclusion of the
relevant patient under section 258; and
(b) the relevant patient is observed continuously during the
seclusion; and
(c) the seclusion is for a period of not more than 1 hour; and
Page 212 2016 Act No. 5
[s 264]
(d) as soon as practicable after the start of the seclusion, the

health practitioner tells an authorised doctor of the
seclusion.
(2) The authorised doctor notified under subsection (1)(d) must
(a) examine the relevant patient; or
(b) ensure the relevant patient is examined by another
authorised doctor.
(3) The authorised doctor who examines the relevant patient must
decide whether to authorise the seclusion of the relevant
patient under section 258.
(4) Subject to subsection (1)(c), seclusion of the relevant patient
under this section ends when the authorised doctor makes the
decision mentioned in subsection (3).
(5) This section does not prevent the health practitioner in charge
of the unit removing the relevant patient from seclusion before
the end of the period mentioned in subsection (1)(c), if
satisfied seclusion is no longer necessary to protect the
(6) Removal of the relevant patient from seclusion under
subsection (5) does not affect the authorised doctors
obligation under subsection (2).
(7) The relevant patient may be kept in seclusion under this
section for not more than 3 hours in a 24-hour period.
Part 4 Reduction and elimination

plans
264 What is a reduction and elimination plan

A reduction and elimination plan is a written plan, for a
relevant patient, developed by an authorised doctor that
2016 Act No. 5 Page 213
[s 265]
provides for the reduction and elimination of either or both of

the following
(a) the use of mechanical restraint on the relevant patient;
(b) the seclusion of the relevant patient.
265 Content of plan

A reduction and elimination plan must include
(a) the name of the relevant patient; and
(b) information, if any, about
(i) the previous use of mechanical restraint on, or
seclusion of, the relevant patient; and
(ii) strategies previously used to reduce the use of
mechanical restraint on, or seclusion of, the
relevant patient; and
(iii) the effectiveness of the strategies mentioned in
subparagraph (ii); and
(c) information about the strategies proposed to reduce, and
eliminate, the use of mechanical restraint on, or
seclusion of, the relevant patient in the future.
266 Application for chief psychiatrists approval of plan

An authorised doctor may apply to the chief psychiatrist for
approval of a reduction and elimination plan for a relevant
patient.
267 Chief psychiatrist may approve plan

(1) The chief psychiatrist may approve the reduction and
elimination plan for the relevant patient if the chief
psychiatrist is satisfied the strategies mentioned in section
265(c) are appropriate for the relevant patient.
Page 214 2016 Act No. 5

[s 268]
(2) The approval must be in writing and may include any

conditions the chief psychiatrist considers appropriate.
Part 5 Physical restraint and clinical

need for medication
Division 1 Physical restraint
268 Meaning of physical restraint

(1) Physical restraint, of a patient, is the use by a person of his or
her body to restrict the patients movement.
(2) However, physical restraint of a patient does not include
(a) the giving of physical support or assistance reasonably
necessary
(i) to enable the patient to carry out daily living
activities; or
(ii) to redirect the patient because the patient is
disoriented; or
(b) physical restraint of the patient that is authorised under a
law other than this part; or
(c) physical restraint of the patient that is required in urgent
circumstances.
269 Offence
A person must not use physical restraint on a patient other
than under this Act.
2016 Act No. 5 Page 215

[s 270]
270 Requirements for use of physical restraint

An authorised doctor, or a health practitioner in charge of an
inpatient unit or other unit within an authorised mental health
service, may authorise the use of physical restraint on a
patient for 1 or more of the following purposes if there is no
other reasonably practicable way to achieve the purpose
(a) to protect the patient or others from physical harm;
(b) to provide treatment and care to the patient;
(c) to prevent the patient from causing serious damage to
property;
(d) for a patient detained in an authorised mental health
serviceto prevent the patient from leaving the service.
Division 2 Clinical need for medication
271 Meaning of medication

Medication, of a patient, includes sedation of the patient.
272 Offence
(1) A person must not administer medication to a patient unless
the medication is clinically necessary for the patients
treatment and care for a medical condition.
(2) Subsection (1) does not limit section 374.
(3) To remove any doubt, it is declared that, for subsection (1), a
patients treatment and care for a medical condition includes
preventing imminent serious harm to the patient or others.
Page 216 2016 Act No. 5

[s 273]
273 Chief psychiatrist must make policy

(1) The chief psychiatrist must make a policy (the restraint,
seclusion and other practices policy) about
(a) the use of mechanical restraint, seclusion and physical
restraint under section 268(1), and the appropriate use of
medication, including ways of minimising any adverse
impacts on patients; and
(b) the information to be recorded relating to the use on
patients of mechanical restraint, seclusion, physical
restraint under section 268(1) and medication; and
(c) the information to be given to the chief psychiatrist
relating to the use on patients of mechanical restraint,
seclusion, physical restraint under section 268(1) and
medication; and
(d) the information to be given to the public guardian
relating to the use on patients, who are minors, of
mechanical restraint, seclusion and physical restraint;
and
(e) the time and way in which the information mentioned in
paragraph (c) is to be given to the chief psychiatrist; and
(f) the time and way in which the information mentioned in
paragraph (d) is to be given to the public guardian.
(2) An authorised doctor, authorised mental health practitioner,
administrator of an authorised mental health service or other
person performing a function or exercising a power under this
Act must comply with the restraint, seclusion and other
practices policy.
2016 Act No. 5 Page 217

Part 1 Preliminary
[s 274]
274 Obligation to notify public guardian of treatment of

minors
(1) This section applies if mechanical restraint, seclusion or
physical restraint is used in an authorised mental health
service on a patient who is a minor.
must give to the public guardian, in the required time and way,
the required information about the use of the mechanical
restraint, seclusion or physical restraint on the minor.
enter into arrangements with the chief psychiatrist for the
giving of the required information, on behalf of the
administrator, to the public guardian.
(4) This section does not limit an obligation of the administrator,
under the restraint, seclusion and other practices policy, to
give information to the chief psychiatrist.
Chapter 9 Rights of patients and

others
Part 1 Preliminary
275 Purpose of ch 9
(a) a statement of rights; and
(b) the right of a patient to be visited by the patients
nominated support persons, family, carers and other
support persons; and
Page 218 2016 Act No. 5

Part 1 Preliminary
[s 276]
(c) the right of a patient to be visited by a health

practitioner, and legal or other advisers, and to
communicate with other persons; and
(d) the right of a patient to be given oral explanations of the
patients treatment and care; and
(e) the giving of written notices to a patients nominated
support persons, family, carers and other support
persons; and
(f) the right for a second opinion to be obtained about a
patients treatment and care; and
(g) the roles and responsibilities of a patients nominated
persons when supporting the patients treatment and
care; and
(h) the appointment and functions of independent patient
rights advisers.
276 Definition for ch 9

In this chapter
patient means
2016 Act No. 5 Page 219

[s 277]
277 Preparing statement of rights

(1) The chief psychiatrist must prepare a written statement (the
statement of rights) containing information about
(a) the rights of patients, and of nominated support persons,
family, carers and other support persons, under this Act;
and
(b) the rights of patients to make complaints about the
treatment and care provided at an authorised mental
health service and how complaints are made.
(2) The statement of rights may also contain anything else the
chief psychiatrist considers appropriate.
278 Giving statement of rights to patients and others

After admission of a patient to an authorised mental health
service, the administrator of the authorised mental health
service must
(a) explain the statement of rights to the patient; and
Note
See section 286 about ensuring a patient understands oral
information.
(b) give a copy of the statement of rights to the patient, if
requested; and
(c) give a copy of the statement of rights to the patients
support persons, if requested.
279 Display of signs

(1) The administrator of an authorised mental health service must
display signs in prominent positions in the service stating that
a copy of the statement of rights is available on request.
Page 220 2016 Act No. 5
[s 280]
(2) The signs must be easily visible to patients and nominated

support persons, family, carers and other support persons.

In this part
reasonable time of the day or night, in relation to an
authorised mental health service, means a time decided by the
administrator of the service having regard to the practices of
the service and the comfort of patients.
281 Visits by nominated support persons, family, carers and

other support persons
(1) A patient in an authorised mental health service may be
visited by the patients nominated support persons, family,
carers and other support persons at any reasonable time of the
day or night.
(2) Subsection (1) does not apply if
(a) the person is excluded from visiting the patient under
another provision of this Act; or
(b) the patient does not wish to be visited by the person.
282 Visits by health practitioners

visited and examined by a health practitioner at any
reasonable time of the day or night.
(2) The health practitioner may also consult with an authorised
doctor for the authorised mental health service about the
patients treatment and care.
2016 Act No. 5 Page 221
[s 283]
(3) The health practitioner may exercise a power under

subsection (1) or (2) only
(a) if asked by the patient or 1 or more of the patients
nominated support persons, family, carers or other
(b) under arrangements made with the administrator of the
283 Visits by legal or other advisers

visited by a legal or other adviser at any reasonable time of the
day or night.
(2) The adviser may exercise a power under subsection (1)
only
(a) if asked by the patient or 1 or more of the patients
nominated support persons, family, carers or other
(b) under arrangements made with the administrator of the
284 Communication with others

(1) A patient of an authorised mental health service may
communicate, in a reasonable way, with another person by
(a) post; or
Note
See sections 385 and 386 for provisions relating to postal
articles.
(b) a fixed line telephone in the authorised mental health
service; or
(c) a mobile telephone or other electronic communication
device.
(2) Subsection (1) does not apply if
Page 222 2016 Act No. 5
[s 285]
(a) the other person has asked the administrator of the

authorised mental health service to ensure the patient
does not communicate with the person; or
(b) the communication is prohibited under another
provision of this Act.
prohibit or restrict a patient from communicating in the way
mentioned in subsection (1)(b) or (c) if communicating in the
way is likely to be detrimental to the health or wellbeing of
the person or others.
(4) In exercising a power under subsection (3), the administrator
must have regard to the privacy of the patient and others in the
service.
285 Information about treatment and care

An authorised doctor providing treatment and care to a patient
must, to the extent practicable, provide timely, accurate and
appropriate information to the patient about the treatment and
care.
286 Understanding of oral information

(1) This section applies if a provision of this Act requires any of
the following persons to tell or explain something to, or
discuss something with, a patient
(a) an authorised mental health practitioner;
(b) an authorised doctor, including an authorised
psychiatrist;
(c) a doctor;
(d) the administrator of an authorised mental health service;
(e) an authorised person transporting a person to an
service facility under section 366.
2016 Act No. 5 Page 223

[s 286]
(2) The person must

(a) take reasonable steps to ensure the patient understands
the information; and
(b) tell or explain the thing to, or discuss the thing with, the
patient
(i) in an appropriate way having regard to the patients
age, culture, mental illness, ability to communicate
and any disability; and
Examples for subparagraph (i)
1 If a patient is acutely unwell and does not appear to
understand the information given, an authorised
doctor may explain the information again when the
patients condition improves.
2 After providing information to a patient, an authorised
doctor may ask the patient to restate the information
to ensure it has been understood.
3 An authorised doctor may explain information to a
patient in the presence of a family member who can
help the patient understand it.
(ii) in a way the patient is most likely to understand,
including, for example, in the patients language;
and
(c) if the patient has a nominated support persontell or
explain the thing to, or discuss the thing with, the
patients nominated support person; and
(d) if the patient does not have a nominated support
persontell or explain the thing to, or discuss the thing
with, 1 or more of the patients family, carers or other
support persons.
(3) For subsection (2)(b), the person may tell or explain the thing
to, or discuss the thing with, a patient at a time later than the
time provided for under this Act if the person considers the
patient would better understand the thing at the later time.
(4) In this section
patient includes a person who may become a patient.
Page 224 2016 Act No. 5
[s 287]
287 Written notices to be given to nominated support

persons and others
(a) a provision of this Act requires any of the following
persons to give a written notice to a patient
(i) an authorised doctor;
(ii) the administrator of an authorised mental health
service;
(iii) the chief psychiatrist;
(iv) the tribunal; or
(b) any of the following events (each a significant event)
happens to a patient
(i) admission to an authorised mental health service as
a classified patient;
(ii) responsibility for the patient is transferred under
chapter 11, part 5 from an authorised mental health
service to another entity.
(2) If the patient has a nominated support person
(a) for a written notice mentioned in subsection (1)(a)
(i) the person must give a copy of the required written
notice to the nominated support person; and
(ii) the person is not required to give the notice to the
patient if the patient may not understand or benefit
from receiving the notice; and
(b) for a significant event mentioned in subsection
(1)(b)the administrator of the authorised mental
health service must give a copy of the required written
notice to the nominated support person.
(3) If the person giving a required written notice to a patient is
aware the patient has a personal guardian or attorney
(a) the person must give a copy of the required written
notice to the personal guardian or attorney; and
2016 Act No. 5 Page 225
[s 288]
(b) for a written notice mentioned in subsection (1)(a)the

person is not required to give the notice to the patient if
the patient may not understand or benefit from receiving
the notice.
(4) If the patient does not have a nominated support person, or a
personal guardian or attorney, the person may give the
required written notice to 1 or more of the patients family,
carers or other support persons (the other person) as well as,
or instead of, to the patient if
(a) the patient may not understand or benefit from receiving
the notice; and
(b) giving the notice to the other person appears to be in the
patients best interests; and
(c) the patient has not asked for communication with the
other person not to happen.
(5) If the patient is a minor, the person may give the required
written notice to 1 or more of the minors parents as well as,
or instead of, to the minor if
(a) the minor may not understand or benefit from receiving
the notice; and
(b) giving the notice to the parent appears to be in the
minors best interests.
(6) In this section
required written notice means
(a) a written notice mentioned in subsection (1)(a); or
(b) a written notice explaining the significant event
mentioned in subsection (1)(b).
288 Communication about patient with others

(1) This section applies if a provision of this Act requires a person
to tell or explain something to, or discuss something with, a
patients nominated support persons, family, carers or other
support persons.
Page 226 2016 Act No. 5
[s 289]
(2) The provision does not apply if

(a) the patient requests, at a time when the patient has
capacity to make the request, that the communication
not take place; or
(b) the person is not readily available or willing for the
communication to take place; or
Example
the person is not willing to visit the patient in hospital while the
patient is receiving treatment and care
(c) the communication with the person is likely to be
detrimental to the patients health and wellbeing.
Example
the person has previously disrupted the patients treatment and
care resulting in the patients condition deteriorating
(3) In this section
capacity, of a patient to make a request, means the patient has
the ability to
(a) understand the nature and effect of the request; and
(b) make and communicate the request.
patient includes a person who may become a patient.
289 Disclosure of confidential information under Hospital and

Health Boards Act not limited
(1) This section applies if a provision of this Act requires or
permits information about a person to be given to the persons
nominated support persons, family, carers or other support
persons.
(2) The provision does not limit the Hospital and Health Boards
Act 2011, sections 144, 145 or 146.
Note
The Hospital and Health Boards Act 2011, sections 144, 145 and 146
provide for a persons family, carers and other support persons to receive
information about the person in particular circumstances.
2016 Act No. 5 Page 227

Part 4 Roles and responsibilities of nominated support persons, family, carers and other
support persons
[s 290]
290 Second opinion about treatment and care

(1) This section applies if an authorised mental health service has
been unable to resolve a complaint about the provision of
treatment and care to a patient.
(2) The patient, or an interested person for the patient, may
request the administrator of the service to obtain a second
opinion from another health practitioner, including another
psychiatrist, about the patients treatment and care.
(3) The administrator must make arrangements to obtain the
second opinion
(a) from a health practitioner who is independent of the
patients treating team; and
(b) in the way required under a policy or practice guideline.
Part 4 Roles and responsibilities of

nominated support persons,
family, carers and other
support persons
291 Roles
A patients nominated support persons, family, carers and
other support persons, subject to this or another Act, may
(a) contact the patient while the patient is receiving
treatment and care; and
(b) participate in decisions about the patients treatment and
care, including by being consulted by health
practitioners about treatment options; and
(c) receive timely, accurate and appropriate information
about the patients treatment, care, support,
rehabilitation and recovery; and
Page 228 2016 Act No. 5
[s 292]
(d) arrange support services for the patient, including, for

example, counselling, community care and respite care.
292 Responsibilities
A patients nominated support persons, family, carers and
other support persons have a responsibility to
(a) respect the patients dignity and humanity; and
(b) consider the opinions and skills of health practitioners
who provide treatment and care, and other services, to
the patient; and
(c) cooperate, to the extent practicable, with reasonable
programs of assessment, treatment, care, support,
rehabilitation and recovery of the patient.
Part 5 Independent patient rights

advisers
293 Appointment
(1) An authorised mental health service must have systems in
place to ensure that patients are advised of their rights under
this Act.
(2) Without limiting subsection (1), the health service chief
executive responsible for a public sector mental health service
must appoint 1 or more independent patient rights advisers in
the way required under a policy or practice guideline.
(3) An independent patient rights adviser may be
(a) an employee of an entity that a Hospital and Health
Service has engaged to provide services; or
(b) an employee of a Hospital and Health Service but not
employed in the Services mental health service.
2016 Act No. 5 Page 229
[s 294]
294 Functions
The functions of an independent patient rights adviser are
to
(a) ensure that a patient, and the patients nominated
persons are advised of their rights and responsibilities
under this Act; and
(b) help the patient, and the patients nominated support
persons, family, carers and other support persons to
communicate to health practitioners the patients views,
wishes and preferences about the patients treatment and
care; and
(c) work cooperatively with community visitors performing
functions under the Public Guardian Act 2014; and
(d) consult with authorised mental health practitioners,
authorised doctors, administrators of authorised mental
health services, and the chief psychiatrist on the rights
of patients under this Act, the Guardianship and
Administration Act 2000, the Powers of Attorney Act
1998 and other laws; and
(e) in relation to tribunal hearings
(i) advise the patient, and the patients nominated
persons of the patients rights at the hearings; and
(ii) if requested, help the patient engage a
representative for the hearings; and
(f) identify whether the patient has a personal guardian or
attorney and, if the patient has a personal guardian or
attorney, work cooperatively with the personal guardian
or attorney to further the patients interests; and
(g) if appropriate, advise the patient of the benefits of an
advance health directive or enduring power of attorney
for a personal matter.
Page 230 2016 Act No. 5

Part 1 Preliminary
[s 295]
295 Independence
An independent patient rights adviser, in performing the
advisers functions
(a) must act independently and impartially; and
(b) is not subject to direction or control by any person in
relation to advice given, or help provided, to a patient or
a patients nominated support persons, family, carers or
other support persons.
Part 1 Preliminary
296 Purpose of ch 10
(a) the appointment, functions and powers of the chief
psychiatrist; and
(b) the making of policies and practice guidelines, and the
preparation of the annual report, by the chief
psychiatrist; and
(c) the investigation of matters by the chief psychiatrist; and
(d) the actions the chief psychiatrist may take if there is a
serious risk to persons or public safety because of a
forensic patient who is the responsibility of an
authorised mental health service; and
(e) the giving by the chief psychiatrist of particular
information to victims of unlawful acts committed by
particular patients, and other persons affected by the
unlawful acts.
2016 Act No. 5 Page 231

[s 297]
297 Definition for ch 10

In this chapter
patient means
Part 2 Appointment, functions and

powers
298 Appointment
(1) There is a Chief Psychiatrist.
(2) The chief psychiatrist is appointed by the Governor in Council
under this Act and not the Public Service Act 2008.
(3) The chief psychiatrist must be a psychiatrist.
299 Resignation
The chief psychiatrist may resign by signed notice given to
the Minister.
300 Termination of appointment

(1) The Governor in Council may terminate the appointment of
the chief psychiatrist if the Governor in Council is satisfied
the chief psychiatrist
(a) has become incapable of satisfactorily performing the
chief psychiatrists functions; or
Page 232 2016 Act No. 5
[s 301]
(b) has performed the chief psychiatrists functions

carelessly, incompetently or inefficiently; or
(c) has been guilty of misconduct that could warrant
dismissal from the public service if the chief psychiatrist
were a public service officer.
(2) The Governor in Council must terminate the appointment of
the chief psychiatrist if the chief psychiatrist
(a) is no longer eligible for appointment as the chief
psychiatrist; or
(b) is convicted of an indictable offence.
301 Functions and powers

(1) The chief psychiatrist has the following functions
(a) to the extent practicable, ensuring the protection of the
rights of patients under this Act while balancing their
rights with the rights of others;
(b) to the extent practicable, ensuring the involuntary
examination, assessment, treatment, care and detention
of persons under this Act complies with this Act;
(c) facilitating the proper and efficient administration of
this Act;
(d) monitoring and auditing compliance with this Act;
(e) promoting community awareness and understanding of
this Act;
(f) advising and reporting to the Minister on any matter
relating to the administration of this Act
(i) on the chief psychiatrists own initiative; or
(ii) on the written request of the Minister;
(g) preparing and giving to the Minister a report on the
competencies the chief psychiatrist considers necessary
for a health practitioner to perform a function or
exercise a power of an authorised doctor.
2016 Act No. 5 Page 233
[s 302]
(2) Also, the chief psychiatrist has the functions and powers
given to the chief psychiatrist under this or another Act.
(3) Also, the chief psychiatrist may do all things necessary or
convenient to be done to perform the chief psychiatrists
functions.
302 Independence of chief psychiatrist

(1) In performing a function or exercising a power, the chief
psychiatrist is not under the control of the Minister or another
person.
(2) Despite subsection (1), the Minister may give the chief
psychiatrist a direction under section 312.
303 Delegation
(1) The chief psychiatrist may delegate a function of the chief
psychiatrist to an appropriately qualified
(a) public service employee in the department; or
(b) health service employee.
(2) Despite subsection (1), the chief psychiatrist may delegate a
function of the chief psychiatrist under a prescribed provision
only to an appropriately qualified
(a) senior executive employed in the department; or
(b) health executive employed by a Hospital and Health
Service.
(3) In this section
function includes a power.
prescribed provision means
(a) part 3; or
(b) section 313(2)(a) or (b); or
(c) chapter 11, part 2; or
Page 234 2016 Act No. 5

[s 304]
(d) section 332.
304 Power to require administrator to give documents or

information
(1) For the performance of the chief psychiatrists functions, the
chief psychiatrist may, by written notice, require the
administrator of an authorised mental health service to give to
the chief psychiatrist
(a) a stated document (including a health record), or a copy
of a stated document, about a patient receiving treatment
and care in the service or another document relevant to
the performance of the chief psychiatrists functions; or
(b) stated information about
(i) a patient who has been examined or assessed, or is
being examined or assessed, in the service; or
(ii) a patient who has received, or is receiving,
treatment in the service; or
(iii) another matter relevant to the performance of the
chief psychiatrists functions.
(2) The notice must state the day (the stated day) on which the
document, record or information is to be given.
(3) The stated day must be a reasonable time after the notice is
given.
(4) The administrator must comply with the notice.
(5) If a document is given to the chief psychiatrist, the chief
psychiatrist
(a) may inspect it and make copies of, or take extracts from,
the document if it is relevant to the performance of the
chief psychiatrists functions; and
(b) for an original documentmust return it to the
administrator within a reasonable time after it is given.
2016 Act No. 5 Page 235

[s 305]
Part 3 Policies, practice guidelines

and annual report
305 Making policies or practice guidelines

(1) The chief psychiatrist must make a policy about each of the
following
(a) the application of the treatment criteria to patients and
less restrictive ways for patients to receive treatment and
care for their mental illness, including ways of assessing
the capacity of patients to consent to being treated and
whether the capacity is stable;
(b) the way in which records for patients are to be kept;
(c) the management of complaints by patients and their
support persons in relation to the treatment and care of
patients;
(d) the way in which patients and interested persons for
patients may request the administrator of an authorised
mental health service to obtain a second opinion about
the treatment and care of the patient;
(e) the treatment and care of forensic patients and the
assessment and management of risks relating to forensic
patients receiving treatment in the community;
(f) without limiting paragraph (e), the treatment and care of
forensic patients whose forensic order was made on a
reference in relation to a prescribed offence allegedly
committed by the person, and the assessment and
management of risks relating to those forensic patients
receiving treatment in the community;
(g) the treatment and care of persons subject to treatment
support orders;
Page 236 2016 Act No. 5

[s 305]
(h) the minimisation of the risk of patients absconding and

processes to be followed in returning patients who have
absconded;
(i) the competencies necessary for a person to be an
authorised doctor or authorised mental health
practitioner.
Note
See section 273 for the obligation of the chief psychiatrist to make the
restraint, seclusion and other practices policy.
(2) Also, the chief psychiatrist may make a policy or practice
guideline relating to the administration of this Act, including,
for example, about the following
(a) the examination and assessment of persons under this
Act;
(b) the treatment and care of patients in authorised mental
health services, other than forensic patients or patients
subject to treatment support orders;
(c) the performance of functions, or exercise of powers, by
administrators of authorised mental health services,
authorised doctors or authorised mental health
practitioners;
(d) the administration of authorised mental health services,
including safety and security;
(e) the preparation of psychiatrist reports and second
psychiatrist reports;
(f) the way in which the tribunal is to be supported in
performing its functions, including, for example,
providing facilities for proceedings;
(g) the authorisation of treatment in the community;
(h) supporting the rights of patients and their nominated
persons, including the ways in which information is to
be communicated to the patients and their support
persons;
2016 Act No. 5 Page 237
[s 306]
(i) the appointment and functions of independent patient

rights advisers;
(j) the support of victims of unlawful acts, close relatives of
the victims, and other persons affected by unlawful acts;
(k) the way in which the chief psychiatrist is to be notified
of matters under this Act;
(l) the information to be recorded or given to the chief
psychiatrist about
(i) the treatment and care of patients under this Act;
and
(ii) critical incidents relating to patients, including the
death of a patient.
(3) An authorised doctor, authorised mental health practitioner,
administrator of an authorised mental health service, or other
person performing a function or exercising a power under this
Act must comply with a policy or practice guideline.
(4) If a policy or practice guideline is inconsistent with this Act,
the policy or practice guideline is invalid to the extent of the
inconsistency.
306 Publication of policies and practice guidelines

(1) As soon as practicable after making a policy or practice
guideline, the chief psychiatrist must
(a) make the policy or practice guideline publicly available;
and
Example of making a policy or practice guideline publicly
available
publication on a website
(b) give a copy of the policy or practice guideline to the
administrator of each authorised mental health service.
(2) If a person in an authorised mental health service is required
to comply with a policy or practice guideline, the
administrator of the service must take reasonable steps to
Page 238 2016 Act No. 5
[s 307]
ensure the policy or practice guideline is available to the

person.
(3) Also, the administrator of an authorised mental health service
must ensure a policy or practice guideline relevant to the
service is given effect.
307 Annual report

(1) Within 90 days after the end of each financial year, the chief
psychiatrist must give the Minister a report on the
administration of this Act during the year.
(2) The report must include the following information for the
financial year to which the report relates
(a) a summary of key developments in the administration of
this Act;
(b) statistical data, generally and for each authorised mental
health service, about the following
(i) the making of examination authorities;
(ii) the making of recommendations for assessment
and transfer recommendations;
(iii) the making and revocation of treatment authorities;
(iv) the preparation of psychiatrist reports and second
psychiatrist reports;
(v) the making and revocation of forensic orders and
treatment support orders;
(vi) the use of mechanical restraint and seclusion;
(vii) actions taken under part 5 in relation to serious
risks to persons or public safety;
(viii) information notices given under part 6;
(c) the number of forensic patients who absconded from
each authorised mental health service;
2016 Act No. 5 Page 239

[s 308]
(d) the details of the appointments of independent patient

rights advisers;
(e) information about compliance with the restraint,
seclusion and other practices policy;
(f) details of directions given, and actions taken, under
section 310(1) in relation to recommendations included
in an investigation report;
(g) details of directions given under section 312 by the
Minister to the chief psychiatrist.
(3) The report may state any other information the chief
psychiatrist considers appropriate.
(4) The Minister must table a copy of the report in the Legislative
Assembly within 14 days after the Minister receives it.
308 Chief psychiatrist may investigate

(1) The chief psychiatrist may, for the purpose of performing the
chief psychiatrists functions
(a) investigate a matter; or
(b) direct an inspector to investigate a matter.
Note
See section 555(2) for appointment of an inspector to investigate a
matter under this part.
(2) An investigation must be completed as quickly as is
reasonable in all the circumstances.
(3) The chief psychiatrist or inspector may exercise the powers
under chapter 14 for the purpose of the investigation.
(4) To remove any doubt, it is declared that an investigation under
subsection (1) may include an investigation about any matter
Page 240 2016 Act No. 5
[s 309]
relating to the treatment and care of any patient in an

309 Investigation report

(1) After completing an investigation, the chief psychiatrist, or an
inspector investigating the matter, must prepare a report on the
investigation (an investigation report).
(2) The investigation report may include recommendations
relating to the improvement of the operation of an authorised
(3) The chief psychiatrist may give a copy of the investigation
report to a person or entity the subject of the investigation.
310 Recommendations for improvement

(1) If an investigation report includes recommendations relating
to the improvement of the operation of an authorised mental
health service, the chief psychiatrist may, by written notice,
direct the administrator of the service to
(a) take action, or particular action, to address the
recommendations; and
(b) report to the chief psychiatrist about the action taken to
address the recommendations.
(2) However, before giving the notice, the chief psychiatrist
must
(a) give the administrator a written notice (a show cause
notice) stating the following
(i) that the chief psychiatrist proposes to direct the
administrator to take action, or particular action, to
address recommendations included in an
investigation report (the proposed action);
(ii) the grounds for the proposed action;
2016 Act No. 5 Page 241

[s 311]
(iii) the facts and circumstances forming the basis for

the grounds;
(iv) that the administrator may make submissions about
the show cause notice to the chief psychiatrist;
(v) the date by which the submission must be made;
and
(b) consider any submissions given in response to the show
cause notice.
(3) The administrator must comply with a notice under subsection
(1) unless the administrator has a reasonable excuse.
Part 5 Serious risks to persons or

public safety
311 Purpose of pt 5
This purpose of this part is to provide for the actions the chief
psychiatrist may take in relation to a forensic patient for
whom an authorised mental health service is responsible (a
relevant forensic patient) if there is a serious risk to the life,
health or safety of a person or to public safety because of a
matter relating to the relevant forensic patient.
312 Minister may direct chief psychiatrist to review matter

(1) This section applies if the Minister considers
(a) a matter has arisen in relation to 1 or more relevant
forensic patients; and
(b) there is a serious risk to the life, health or safety of a
person or to public safety because of the matter.
(2) The Minister may direct the chief psychiatrist to
Page 242 2016 Act No. 5

[s 313]
(a) immediately review the matter and serious risk to

decide
(i) whether action is necessary to remove, or to
control or manage, the risk; and
(ii) whether there are systemic issues that need to be
addressed to remove the risk; and
(b) consider taking action under section 313(2) to address
the matter and stop the serious risk recurring; and
(c) report to the Minister
(i) on the outcome of the review; and
(ii) if action is taken as a result of the reviewon the
action taken.
(3) To remove any doubt, it is declared that the Ministers power
under this section
(a) is limited to directing the chief psychiatrist to do a thing
mentioned in subsection (2)(a), (b) or (c); and
(b) does not allow the Minister to direct the chief
psychiatrist to take action, or any particular action, in
relation to the matter or serious risk.
313 Actions chief psychiatrist may take

(1) This section applies
(a) if the chief psychiatrist considers
(i) a matter has arisen in relation to 1 or more relevant
forensic patients; and
(ii) there is a serious risk to the life, health or safety of
a person or to public safety because of the matter;
and
(b) whether or not a direction has been given to the chief
psychiatrist about the matter or risk under section 312.
(2) The chief psychiatrist may do any of the following
2016 Act No. 5 Page 243
[s 313]
(a) order the suspension of limited community treatment for

a relevant forensic patient, or each member of a class of
relevant forensic patients, for a stated period of not more
than 7 days;
(b) order the category of the forensic order for a relevant
forensic patient, or each member of a class of relevant
forensic patients, to be changed to inpatient for a stated
period of not more than 7 days;
(c) order an administrator of an authorised mental health
service to report to the chief psychiatrist on the
circumstances that led to the matter and serious risk;
(d) review, or order an administrator of an authorised
mental health service to review and report to the chief
psychiatrist on, any treatment and care provided to a
relevant forensic patient or class of relevant forensic
patients to the extent it relates to the matter or serious
risk or a similar matter or serious risk that might arise in
the future;
(e) review any policies or practice guidelines about
treatment in the community;
(f) take any other action necessary to prevent a similar
matter or serious risk arising.
(3) Before making an order under subsection (2)(a) or (b), the
chief psychiatrist must consult with the administrator of each
authorised mental health service likely to be affected by the
order about the likely effect of the order on
(a) the operations of the authorised mental health service;
and
(b) the relevant forensic patients proposed to be subject to
the order.
Page 244 2016 Act No. 5

[s 314]
314 Chief psychiatrists order

(1) This section applies if the chief psychiatrist makes an order
under section 313(2)(a) or (b) in relation to a relevant forensic
patient or class of relevant forensic patients.
(2) The chief psychiatrists order must include the following
(a) if the order relates to a particular relevant forensic
patientthe name of the patient;
(b) if the order relates to a class of relevant forensic
patientssufficient details to identify the class;
Example of a class of relevant forensic patients for paragraph (b)
all relevant forensic patients in an inpatient unit of a particular
authorised mental health service who are receiving limited
community treatment
(c) if the order is made under section 313(2)(a)the period
of the suspension of limited community treatment;
(d) if the order is made under section 313(2)(b)the period
for which the category of the forensic order is changed
to inpatient;
(e) if the order requires a relevant forensic patient, or each
member of a class of relevant forensic patients, to return
to an authorised mental health servicethe name of the
service and the time or date by which the patient must
return to the service.
(3) For subsection (2)(e), the order may state an authorised
mental health service other than the patients treating health
service.
(4) The chief psychiatrist must give each relevant forensic patient
subject to the order a copy of the order and a written notice
stating
(a) that the patient may appeal to the tribunal against the
chief psychiatrists decision to make the order; and
(b) the period within which the patient may appeal to the
tribunal; and
2016 Act No. 5 Page 245
[s 315]
(c) how the appeal is made.
315 Chief psychiatrist may vary period or end order

(1) The chief psychiatrist may, for an order made under section
313(2)(a) or (b), at any time while the order is in force
(a) extend, or further extend, the stated period for a period
of not more than 7 days if the chief psychiatrist is
satisfied the matter or serious risk for which the order
was made still exists; or
(b) end the order.
(2) The chief psychiatrist must give written notice of an extension
of the stated period, or the ending of the order, to each
relevant forensic patient subject to the order.
(3) If the chief psychiatrist decides to extend the stated period, the
notice must state
(a) that the patient may appeal to the tribunal against the
chief psychiatrists decision to extend the period; and
(b) the period within which the patient may appeal to the
tribunal; and
316 Purpose of pt 6
The purpose of this part is to provide for victims of unlawful
acts committed by relevant patients, and other persons
Page 246 2016 Act No. 5

[s 317]
affected by the unlawful act, to obtain particular information

about the relevant patient.
Note
See section 327 for the application of this part to forensic disability
clients.
317 Definitions for pt 6

In this part
applicants nominee see section 318(2)(b).
information notice, relating to a relevant patient, is a notice
that entitles the applicant for the notice, or the applicants
nominee, to receive information mentioned in schedule 1
about the relevant patient from the chief psychiatrist.
relevant patient means a patient of an authorised mental
health service who is subject to
(a) a forensic order; or
(b) a treatment support order.
Division 2 Application, amendment and

revocation
318 Application
(1) An application for an information notice relating to a relevant
patient may be made to the chief psychiatrist by
(a) a victim of the relevant unlawful act in relation to the
relevant patients forensic order or treatment support
order; or
(b) a close relative of a victim mentioned in paragraph (a);
or
(c) another individual who
2016 Act No. 5 Page 247

[s 319]
(i) has suffered harm because of the relevant unlawful

act in relation to the relevant patients forensic
order or treatment support order; and
(ii) has a sufficient personal interest in receiving
information under the notice about the relevant
patient.
(2) The application must
(b) state whether the applicant, or another person (the
applicants nominee), will be entitled to receive
information under the notice; and
(c) be accompanied by a statutory declaration by the
applicant and the applicants nominee, if any, that the
applicant or applicants nominee will not publish
information received under the notice in contravention
of section 326.

(1) The chief psychiatrist must decide to approve or refuse to
approve the application
(a) if the application is made by an applicant mentioned in
section 318(1)(a) or (b)within 14 days after receiving
the application; or
(b) otherwisewithin 28 days after receiving the
application.
(2) The chief psychiatrist may refuse to approve the application if
the chief psychiatrist is satisfied
(a) the application is frivolous or vexatious; or
(b) for an application made under section 318(1)(c)the
applicant is not an individual mentioned in section
318(1)(c); or
(c) disclosure of information under the notice is likely to
Page 248 2016 Act No. 5
[s 319]
(i) result in serious harm to the relevant patients

health or welfare; or
(ii) put the safety of the relevant patient or someone
else at serious risk; or
(d) a previous information notice obtained by the applicant
was revoked under section 323(1)(b).
(3) For subsection (2)(b), in deciding whether the applicant has a
sufficient personal interest in receiving information under the
notice, the chief psychiatrist must have regard to the
following matters
(a) whether the relevant patient is a risk to the safety and
welfare of the person;
(b) whether it is likely the relevant patient will come into
contact with the person;
(c) the nature of the relevant unlawful act in relation to the
relevant patients forensic order or treatment support
order.
(4) Also, if the application states that the applicants nominee will
be entitled to receive information under the notice, the chief
psychiatrist must not approve the application unless the chief
psychiatrist is satisfied the nominee is suitable to receive the
information.
(5) The chief psychiatrist must give the applicant written notice
of the decision within 7 days after making it.
(6) If the decision is to approve the application, the written notice
must state
(a) the name of the person entitled to receive information
under the information notice; and
(b) if the person entitled to receive information under the
information notice is the applicants nomineethat the
nominee is entitled to receive the information only for
the purpose of providing the information to the
applicant.
2016 Act No. 5 Page 249
[s 320]
(7) If the decision is to refuse to approve the application, the

written notice must state
(a) the reasons for the decision; and
(b) that the applicant may appeal to the tribunal against the
decision within 28 days after the applicant receives the
notice; and
320 Right to receive information under notice

(1) This section applies if a person is entitled to receive
information about a relevant patient under an information
notice.
(2) The chief psychiatrist must ensure the person receives the
information mentioned in schedule 1 about the relevant
patient.
(3) The information must be given to the person
(a) for information mentioned in schedule 1, section 5as
soon as practicable after the chief psychiatrist becomes
aware of the information; or
(b) otherwisewithin 14 days after the chief psychiatrist
becomes aware of the information.
(4) However, the chief psychiatrist must not disclose under
subsection (2)
(a) details about the specific treatment and care provided to
the relevant patient, including, for example, the type of
medication being given to the relevant patient; or
(b) the address of a place in the community at which the
relevant patient is living.
(5) The chief psychiatrist may enter into arrangements with a
victim support service to enable the service, on behalf of the
chief psychiatrist, to give the information to the person.
Page 250 2016 Act No. 5

[s 321]
321 Amendment of notice to change applicants nominee

(1) A person who is entitled to receive information about a
relevant patient under an information notice may apply to the
chief psychiatrist to amend the notice by adding, or changing,
the applicants nominee.
(2) The application must be in the approved form and be
accompanied by
(a) the name of the applicants proposed nominee; and
(b) a statutory declaration by the nominee stating that the
nominee will not publish information received under the
notice in contravention of section 326.
(3) The chief psychiatrist must decide to approve or refuse to
approve the application within 14 days after receiving the
application.
(4) The chief psychiatrist must approve the application if the
chief psychiatrist is satisfied the nominee is suitable to receive
information under the notice.
(5) The chief psychiatrist must give the applicant notice of the
decision within 7 days after making it.
(6) If the decision is to approve the application, the chief
psychiatrist must give the applicant an amended information
notice.
(7) If the decision is to refuse to approve the application, the
notice must state
(b) that the applicant may appeal to the tribunal against the
decision within 28 days after the applicant receives the
notice; and
2016 Act No. 5 Page 251

[s 322]
322 Mandatory revocation

(1) The chief psychiatrist must revoke an information notice
relating to a relevant patient if
(a) the tribunal revokes the relevant patients forensic order
and a treatment support order is not made for the
patient; or
(b) the tribunal revokes the relevant patients treatment
support order; or
(c) the relevant patients order ends in a way other than by
revocation by
(i) the Mental Health Court under section 166(2)(b);
or
(ii) the tribunal; or
(d) the person entitled to receive information under the
notice asks the chief psychiatrist to revoke the notice; or
(e) the chief psychiatrist is satisfied disclosure of
information under the notice is likely to
(i) result in serious harm to the relevant patients
health or welfare; or
(ii) put the safety of the relevant patient or someone
else at serious risk; or
(f) subject to subsection (5), the relevant patient has been
transferred under chapter 12, part 10, division 2 to an
interstate mental health service.
(2) The chief psychiatrist must give written notice of the decision
to revoke the information notice to the person entitled to
receive information under the notice within 7 days after the
decision is made.
Page 252 2016 Act No. 5

[s 323]
(b) that the person may appeal to the tribunal against the
decision within 28 days after the person receives the
notice; and
(4) Despite subsection (1), if the relevant patients forensic order
or treatment support order is revoked as mentioned in
subsection (1)(a) or (b) and is reinstated on appeal
(a) the information notice is reinstated on the day the
forensic order or treatment support order is reinstated;
and
(b) the chief psychiatrist must give notice of the
reinstatement of the information notice to the person
entitled to receive information under the notice within 7
days after the reinstatement.
(5) Despite subsection (1), if the relevant patient returns to
Queensland before the patients forensic order or treatment
support order ends under section 528
(a) the information notice is reinstated on the day the
relevant patient returns to Queensland; and
(b) the chief psychiatrist must give notice of the
reinstatement of the information notice to the person
entitled to receive information under the notice within 7
days after the reinstatement.
323 Discretionary revocation

(1) The chief psychiatrist may revoke an information notice
relating to a relevant patient if
(a) the chief psychiatrist is unable, after making reasonable
efforts, to locate the person entitled to receive
information under the notice; or
(b) the person entitled to receive information under the
notice has contravened section 326.
2016 Act No. 5 Page 253

[s 324]
(2) However, before revoking an information notice under

subsection (1)(b), the chief psychiatrist must give the person a
reasonable opportunity to make a submission to the chief
psychiatrist about why the notice should not be revoked.
(3) The chief psychiatrist must give written notice of the decision
to revoke the information notice to the person entitled to
receive information under the notice within 7 days after
making it.
notice; and
324 Tribunal must give particular information to chief

psychiatrist about relevant patient
(1) This section applies if the tribunal makes a decision that
increases the extent of treatment in the community received
by a relevant patient.
(2) The tribunal must, for the purpose of enabling the chief
psychiatrist to comply with section 320(2), give the chief
psychiatrist a written notice containing a brief explanation of
the decision.
(3) The chief psychiatrist may use the written notice only for the
purpose for which it is given.
(4) To remove any doubt, it is declared that the written notice is
not a statement of reasons for the tribunals decision.
Page 254 2016 Act No. 5

[s 325]
325 Telling relevant patient about information notice

(1) This section applies if an information notice relating to a
relevant patient is made.
(2) The chief psychiatrist, or another person performing a
function under this Act in relation to the relevant patient, must
not tell the relevant patient about the making of the notice, or
any other matter that may identify the applicant for the
information notice.
(3) However, the chief psychiatrist or other person may tell the
relevant patient the prescribed information about the
information notice if
(a) the applicant for the information notice requests that the
prescribed information be given to the relevant patient;
and
(b) the chief psychiatrist, or an authorised doctor, considers
telling the relevant patient the prescribed information is
in the patients best interests.
(4) In this section
prescribed information, about an information notice,
means
(a) the fact of the making of the notice; or
(b) the fact of the making of the notice and the name of the
applicant for the information notice.
326 Misuse of information made available under an

information notice
(1) This section applies in relation to information a person has
because it has been made available to a person under an
information notice.
(2) The person must not publish the information unless the
publication is required or permitted under the information
notice, or an Act or law.
2016 Act No. 5 Page 255
Part 1 Preliminary
[s 327]
327 Application of part to forensic disability client

This part applies in relation to a forensic disability client as
if
(a) a reference in the part to a relevant patient were a
reference to a forensic disability client; and
(b) a reference in the part to the chief psychiatrist were a
reference to the director of forensic disability; and
(c) a reference in the part to an authorised mental health
service were a reference to the forensic disability
service.
Chapter 11 Authorised mental health

services
Part 1 Preliminary
(a) the declaration of authorised mental health services; and
(b) the appointment, functions and powers of administrators
of authorised mental health services, authorised doctors
and authorised mental health practitioners; and
(c) the transfer of the responsibility for particular patients
(i) between authorised mental health services; and
(ii) between an authorised mental health service and
the forensic disability service; and
(iii) between an authorised mental health service and an
interstate mental health service; and
Page 256 2016 Act No. 5

Part 2 Declaration of authorised mental health services
[s 329]
Note
See chapter 12, part 10 for approvals to transfer forensic
and other patients into and out of Queensland.
(d) powers of authorised persons in relation to transporting
persons under this Act; and
(e) matters relating to the security of authorised mental
health services and other particular services.
Part 2 Declaration of authorised

329 Declaration of authorised mental health service

(1) The chief psychiatrist may, by gazette notice, declare a health
service, or part of a health service, providing treatment and
care to persons who have a mental illness to be an authorised
(2) However, if the health service is not a public sector health
service, the declaration may be made only with the written
agreement of the health service.
(3) The declaration may include conditions the chief psychiatrist
considers appropriate, including, for example, a condition to
facilitate the provision of treatment and care to persons who
have a mental illness in rural or remote areas.
330 Declaration of high security unit

The chief psychiatrist may, by gazette notice, declare a public
sector mental health service, or part of a public sector mental
health service, to be a high security unit.
2016 Act No. 5 Page 257

[s 331]
331 Declaration of authorised mental health service (rural and

remote)
(1) The chief psychiatrist may, by gazette notice, declare an
authorised mental health service, or part of an authorised
mental health service, to be an authorised mental health
service (rural and remote).
(2) The chief psychiatrist may act under subsection (1) only if
satisfied the authorised mental health service is in a rural or
remote area.
Part 3 Administrators of authorised

332 Appointment
(1) The chief psychiatrist may, by gazette notice, appoint a person
to be the administrator of an authorised mental health service.
(2) The appointment may identify the administrator by name or
by reference to the holder of a stated office.
333 Functions
(1) The administrator of an authorised mental health service has
the following functions
(a) to the extent practicable, ensuring the operation of the
authorised mental health service complies with this Act;
(b) taking reasonable steps to ensure patients of the
authorised mental health service receive appropriate
treatment and care;
(c) notifying patients of the authorised mental health
service, the chief psychiatrist, the tribunal and others of
decisions and other matters as required under this Act;
Page 258 2016 Act No. 5
[s 334]
(d) appointing authorised doctors and authorised mental

health practitioners.
(2) Also, the administrator has the other functions given to the
administrator under this or another Act.
334 Powers
(1) The administrator of an authorised mental health service has
the powers given under this Act.
(2) Also, the administrator may do all things necessary or
convenient to be done to perform the administrators
functions.
335 Register of authorised doctors and authorised mental

health practitioners
The administrator of an authorised mental health service must
keep a register of persons holding office as an authorised
doctor, authorised mental health practitioner, or health
practitioner appointed under section 341 to perform particular
functions, appointed by the administrator.
336 Record of relevant patients

keep a record of each relevant patient of the service.
(2) Without limiting subsection (1), the record must contain the
following information
(a) the day the person becomes a relevant patient of the
(b) the day the person stops being a relevant patient;
(c) details of the basis on which the person is a relevant
patient;
(d) details of any change to the basis on which the person is
a relevant patient and the day the change happens;
2016 Act No. 5 Page 259
Part 4 Authorised doctors and authorised mental health practitioners
[s 337]
(e) the category of a treatment authority, forensic order or

treatment support order for the relevant patient and
details of any limited community treatment;
(f) the conditions of a treatment authority, forensic order or
treatment support order for the relevant patient;
(g) details of temporary absences approved under section
221 for the relevant patient and the reason for the
absences.
(3) In this section
relevant patient means an involuntary patient or classified
patient (voluntary).
337 Delegation
delegate the administrators functions under this Act to an
appropriately qualified health service employee of the service.
(2) In this section
Part 4 Authorised doctors and

authorised mental health
practitioners
Division 1 Appointment, functions and powers
338 Appointment of authorised doctor

by instrument in writing, appoint a doctor as an authorised
doctor.
Page 260 2016 Act No. 5
[s 339]
(2) However, the administrator may appoint a person under

subsection (1) only if satisfied the person has the
competencies, stated in a policy, necessary to be an authorised
doctor.
339 When administrator is authorised doctor

If the administrator of an authorised mental health service is a
psychiatrist, the administrator is an authorised doctor.
340 Appointment of authorised mental health practitioner

by instrument in writing, appoint a health practitioner as an
authorised mental health practitioner.
subsection (1) only if satisfied the person has the
competencies, stated in a policy, necessary to be an authorised
mental health practitioner.
341 Appointment of health practitioner to perform particular

functions of authorised doctor
appoint a health practitioner of a class prescribed by
regulation to perform the functions or exercise the powers of
an authorised doctor that are prescribed by regulation for the
class of health practitioner.
subsection (1) only if satisfied the person is appropriately
qualified.
(3) Before recommending to the Governor in Council the making
of a regulation under subsection (1), the Minister must be of
the opinion that the class of health practitioner proposed to be
prescribed has the competencies the chief psychiatrist
considers necessary to perform the functions or exercise the
2016 Act No. 5 Page 261

[s 342]
powers of an authorised doctor proposed to be prescribed for

the class.
(4) In this section
health practitioner means a health practitioner other than a
doctor.
342 Appointment conditions and limit on powers

(1) This section applies to each of the following
(a) an authorised doctor appointed under section 338;
(b) an authorised mental health practitioner appointed under
section 340;
(c) a health practitioner appointed under section 341 to
perform particular functions.
(2) The person holds office
(a) on any conditions stated in
(i) the persons instrument of appointment; or
(ii) a signed notice given to the person; and
(b) for an authorised doctor or authorised mental health
practitioneron the condition that the doctor or
authorised mental health practitioner continues to have
the competencies, stated in a policy, necessary to be an
authorised doctor or authorised mental health
practitioner.
(3) The instrument of appointment or signed notice given to the
person may limit the persons powers.
(4) In this section
signed notice, given to a person, means a notice signed by the
administrator of the authorised mental health service who
appointed the person.
Page 262 2016 Act No. 5

[s 343]
343 When office ends

(a) an authorised doctor appointed under section 338;
(b) an authorised mental health practitioner appointed under
section 340;
(2) The office of the person under the appointment ends if any of
the following happens
(a) for an authorised doctor appointed under section
338the authorised doctor stops being a doctor;
(b) for an authorised mental health practitioner appointed
under section 340the authorised mental health
practitioner stops being a health practitioner of the type
that was the basis for the persons appointment;
(c) for a health practitioner appointed under section 341 to
perform particular functionsthe health practitioner
stops being a health practitioner of the class prescribed
by regulation that was the basis for the persons
appointment;
(d) the term of office stated in a condition of office ends;
(e) the office ends under another condition of office;
(f) the chief psychiatrist
(i) is satisfied the person is unable to perform the
functions of the office, including, for example,
because the person does not have the
competencies, stated in a policy, necessary for the
office; and
(ii) gives written notice to the person stating the person
stops holding office on a date stated in the notice;
2016 Act No. 5 Page 263

[s 344]
(g) the person resigns by written notice given to the

administrator of the authorised mental health service
who appointed the person.
(3) Subsection (2) does not limit the ways in which the person
may stop holding office.
(4) In this section
condition of office means a condition under which a person
mentioned in subsection (1) holds office.
344 Functions and powers

Subject to section 342, an authorised doctor, authorised
mental health practitioner, or health practitioner appointed
under section 341 to perform particular functions, has the
functions and powers given under this Act.
345 Requirement to give notice of particular decisions

(1) This section applies if an authorised doctor, authorised mental
health practitioner, or health practitioner appointed under
section 341 to perform particular functions (each a
decision-maker) makes a decision under this Act in relation to
an involuntary patient or classified patient (voluntary).
(2) The decision-maker must give written notice of the decision to
the administrator of the patients treating health service.
346 Issue of identity card

issue an identity card to each of the following persons
appointed by the administrator
(a) an authorised doctor;
(b) an authorised mental health practitioner;
Page 264 2016 Act No. 5
[s 347]

(2) The identity card must
(a) contain a recent photo of the person; and
(b) identify the person as an authorised doctor, authorised
mental health practitioner, or health practitioner
appointed to perform particular functions, under this
Act; and
(c) state an expiry date for the card.
(3) This section does not prevent the issue of a single identity
card to a person for this Act and other purposes.
347 Production or display of identity card

(1) In exercising a power in relation to a person in the persons
presence, an authorised doctor, authorised mental health
practitioner, or health practitioner appointed under section
341 to perform particular functions (each a practitioner),
must
(a) produce the practitioners identity card for the persons
inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to
the person when exercising the power.
(2) However, if it is not practicable to comply with subsection (1),
the practitioner must produce the identity card for the persons
inspection at the first reasonable opportunity.
348 Return of identity card

If the office of a person mentioned in section 346(1) ends, the
person must return the persons identity card to the
administrator of the authorised mental health service who
appointed the person within 21 days after the office ends,
unless the person has a reasonable excuse.
2016 Act No. 5 Page 265

[s 349]
349 Purpose of pt 5
The purpose of this part is to provide for the transfer of the
responsibility for particular patients
(a) between authorised mental health services; and
(b) between an authorised mental health service and the
forensic disability service; and
(c) between an authorised mental health service and an
interstate mental health service.
Note
See chapter 12, part 10 for approvals to transfer forensic and
other patients into and out of Queensland.

In this part
transfer considerations, for a person, means
(a) the persons mental state and psychiatric history; and
(b) the persons treatment and care needs; and
(c) whether the transfer is in the best interests of the person,
including, for example, enabling the person to be closer
to the persons family, carers or other support persons;
and
(d) if relevant, security requirements for the person.
Page 266 2016 Act No. 5

[s 351]
Division 2 Authorised mental health service

transfers
351 Transfer between services by agreement of

administrators
(1) This section applies to a person who is an involuntary patient,
or a classified patient (voluntary), of an authorised mental
health service.
(2) The administrator of the authorised mental health service (the
first AMHS) may agree with the administrator of another
authorised mental health service (the second AMHS) to
transfer the responsibility for the person from the first AMHS
to the second AMHS.
(3) In deciding whether to agree to a transfer under subsection
(2), the administrator of the first AMHS and the administrator
of the second AMHS must have regard to the transfer
considerations for the person.
(4) If any of the following circumstances apply, the transfer must
not happen unless the chief psychiatrist has approved the
transfer in writing
(a) the person is subject to a forensic order;
(b) the person is subject to a judicial order;
(c) the person is subject to a treatment authority but is not a
classified patient, and the transfer is to a high security
unit;
(d) the person is a minor, and the transfer is to a high
security unit.
(5) In deciding whether to approve a transfer under subsection
(4), the chief psychiatrist must have regard to the transfer
(6) If a person transferred under this section is a classified patient
and the chief psychiatrist is not required to approve the
transfer under subsection (4), the administrator of the first
2016 Act No. 5 Page 267
[s 352]
AMHS must give written notice of the transfer to the chief

psychiatrist within 7 days after the transfer.
352 Transfer between services by requirement of chief

psychiatrist
(1) This section applies to a person who is an involuntary patient,
or a classified patient (voluntary), of an authorised mental
health service.
(2) The chief psychiatrist may, by written notice, require the
administrator of the authorised mental health service to
transfer the responsibility for the person from the authorised
mental health service to another authorised mental health
service.
(3) In deciding whether to require a transfer under this section,
the chief psychiatrist must have regard to the transfer
Division 3 Forensic disability service transfers
353 Transfer between authorised mental health service and

(1) This section applies to a person subject to a forensic order
(disability).
(2) The chief psychiatrist and the director of forensic disability
may agree to transfer the responsibility for the person from an
authorised mental health service to the forensic disability
service, or vice versa.
(3) In deciding whether to agree to a transfer under subsection
(2), the chief psychiatrist and the director of forensic
disability must have regard to
(a) the transfer considerations for the person; and
(b) the persons intellectual disability.
Page 268 2016 Act No. 5

[s 354]
Division 4 Interstate transfers
354 Transfer of person subject to treatment authority to

another State
(1) This section applies to a person subject to a treatment
authority who
(a) is a patient of an authorised mental health service (the
AMHS); and
(b) is not a classified patient or a person subject to a
forensic order (disability).
(2) The administrator of the AMHS may agree with a responsible
officer of an interstate mental health service to transfer the
responsibility for the person from the AMHS to the interstate
mental health service if the administrator is satisfied
(a) the transfer is in the best interests of the person,
and
(b) appropriate treatment and care is available for the
person at the interstate mental health service.
(3) The persons treatment authority ends when the person leaves
Queensland.
355 Transfer of person subject to interstate order from

another State
(1) This section applies to a person subject to an interstate order
who is a patient of an interstate mental health service.
(2) The administrator of an authorised mental health service (the
AMHS) may agree with a responsible officer of the interstate
mental health service to transfer the responsibility for the
person from the interstate mental health service to the AMHS
if the administrator of the AMHS is satisfied
2016 Act No. 5 Page 269

[s 355]

and
person at the AMHS; and
(c) an authorised doctor is likely to consider, on the
persons admission to the AMHS, that
(i) the treatment criteria apply to the person; and
(ii) there is no less restrictive way for the person to
illness.
(3) On the persons admission to the AMHS, an authorised doctor
must make an assessment of the person to decide
(a) whether the treatment criteria apply to the person; and
(b) whether there is a less restrictive way for the person to
illness.
(4) The person may be detained for assessment in the AHMS for
a period of not more than 6 hours starting when the person is
admitted to the AHMS.
(5) If, on making the assessment, the authorised doctor is satisfied
the treatment criteria apply to the person and there is no less
restrictive way for the person to receive treatment and care for
the persons mental illness, the authorised doctor may decide
to make an authority for the person.
(6) The authority is taken to be a treatment authority made under
section 49 by the authorised doctor for the person.
(7) In this section
interstate order means an order, however described, made
under a corresponding law that provides for similar matters to
a treatment authority.
Page 270 2016 Act No. 5

[s 356]
Division 5 General provisions
356 Responsibility for person

(1) If the responsibility for a person is transferred, under division
2 or 3, from a service to another service, the responsibility for
the persons treatment and care under the persons order or
authority is transferred from the administrator of the first
service to the administrator of the second service.
(2) An order or authority to which the person is subject, under
this Act or the Forensic Disability Act, is otherwise affected
by the transfer only to the extent this Act or the Forensic
Disability Act expressly provides.
(3) In this section
service means an authorised mental health service or the
357 Power to transport

(1) This section applies if the responsibility for a person is
transferred, under this part, from an entity to another entity.
(2) An authorised person may transport the person from the first
entity to the second entity.
(3) If 1 of the entities is the forensic disability service, a person
who is authorised under the Forensic Disability Act to
transport a forensic disability client under that Act may
transport the person to or from the entity.
(4) If 1 of the entities is an interstate mental health service, a
person who is authorised under a corresponding law to
transport a person may transport the person to or from the
entity.
2016 Act No. 5 Page 271

[s 358]
358 Notice to tribunal

(1) This section applies if the responsibility for a person is
transferred from an authorised mental health service, or the
forensic disability service, to another entity.
(2) The administrator of the authorised mental health service or
forensic disability service must give written notice of the
transfer to the tribunal within 7 days after the day of the
transfer.
359 Who is an authorised person

(1) Each of the following is an authorised person
(a) the administrator of an authorised mental health service;
(b) an ambulance officer;
(c) an authorised doctor;
(d) an authorised mental health practitioner;
(e) a police officer.
(2) Also, if a person is to be transported to or from a corrective
services facility or youth detention centre, each of the
following is an authorised person
(a) a corrective services officer for the purpose of taking the
person to or from the facility;
(b) a youth detention employee for the purpose of taking the
person to or from the centre.
Page 272 2016 Act No. 5

[s 360]
(3) Also, the administrator of an authorised mental health service

may in writing appoint a health service employee of the
authorised mental health service as an authorised person.
(4) An authorised person, other than a police officer, is a public
official for the Police Powers and Responsibilities Act 2000.
(5) In this section
corrective services facility see the Corrective Services Act
2006, schedule 4.
corrective services officer see the Corrective Services Act
2006, schedule 4.
youth detention centre means a detention centre established
under the Youth Justice Act 1992, section 262.
youth detention employee means a detention centre employee
under the Youth Justice Act 1992.
Division 2 Transport of persons within and to

and from authorised mental health
services and other particular places
360 Transport within authorised mental health service

The administrator of an authorised mental health service, an
authorised doctor, or another person approved by the
administrator or authorised doctor, may transport an
involuntary patient or classified patient (voluntary) from 1
place in the authorised mental health service to another place
in the authorised mental health service.
Examples
a patient may be transported to a different inpatient unit within the
service
a patient may be transported to another place in the service for an
examination or diagnostic test
2016 Act No. 5 Page 273

[s 361]
361 Transport to or from authorised mental health service

and other particular places
An authorised person may transport an involuntary patient or
classified patient (voluntary) to or from an authorised mental
health service, public sector health service facility, place of
custody, court or a place in the community for the purposes of
this Act.
362 Taking person after treatment and care to persons

requested place
(a) a person is transported from a place in the community to
an authorised mental health service, or public sector
health service facility, under an examination authority or
recommendation for assessment; or
(b) a person is transported from a place in the community to
an authorised mental health service, or public sector
health service facility, under an emergency examination
authority and a recommendation for assessment is made
for the person.
(2) At the end of the persons detention in an authorised mental
health service, or public sector health service facility,
including under a recommendation for assessment or
treatment authority made for the person after the examination
or assessment of the person, the administrator of the service or
person in charge of the facility must take reasonable steps to
ensure the person is returned to a place reasonably requested
by the person.
Division 3 Transport of absent persons

This division applies if
Page 274 2016 Act No. 5
[s 363]
(a) a person absconds while being lawfully detained under

this Act or in a persons charge under section 622(2); or
(b) a person subject to a treatment authority, forensic order
or treatment support order is being treated in the
community and the person does not attend at an
service facility as required under the authority or order;
or
(c) a treatment authority, forensic order, treatment support
order or judicial order is made for a person requiring the
person to be detained in an authorised mental health
service and the person is not in an authorised mental
health service when the authority or order is made; or
(d) the category of a patients treatment authority, forensic
order or treatment support order is changed to inpatient;
or
(e) a forensic patient is receiving limited community
treatment and the chief psychiatrist orders the
suspension of the treatment under section 313(2)(a); or
(f) the chief psychiatrist orders the category of a patients
forensic order to be changed to inpatient under section
313(2)(b); or
(g) a patient is temporarily absent from an authorised
mental health service under section 221, or receiving
limited community treatment, and either of the
following applies
(i) the patient does not return to the authorised mental
health service at the end of the absence or
treatment;
(ii) the approval of the absence, or authorisation of the
treatment, is revoked; or
(h) a person does not attend at an authorised mental health
service as directed under section 56 or 99; or
2016 Act No. 5 Page 275

[s 364]
(i) a person subject to an examination order does not attend

at an authorised mental health service or public sector
health service facility as directed under the order; or
(j) a person does not attend at an examining practitioner as
directed under section 721(4)(b).
364 Administrator or person in charge may require return of

absent person
(1) The administrator of an authorised mental health service, or
person in charge of a public sector health service facility,
may
(a) authorise an authorised person, other than a police
officer, to transport a person mentioned in section 363 to
an authorised mental health service or public sector
health service facility; or
(b) ask a police officer to transport a person mentioned in
section 363 to an authorised mental health service or
public sector health service facility.
(2) The authorisation or request must
(b) state the name of the person to be transported; and
(c) state the name of the authorised mental health service or
public sector health service facility to which the person
is to be transported; and
(d) identify the risk the person presents to himself or
herself, the authorised person or police officer, and
others; and
(e) for a request to a police officerstate the reasons why
the administrator or person in charge considers it
necessary for a police officer to transport the person.
(3) Before acting under this section, the administrator or person
in charge must make reasonable efforts to contact the person
Page 276 2016 Act No. 5

[s 365]
and encourage the person to come or return to the authorised

mental health service or public sector health service facility.
(4) Subsection (3) does not apply if the administrator or person in
charge considers there is a risk the person may harm himself
or herself or others if the administrator or person in charge
complies with the subsection.
Note
See also section 377 for applying for a warrant for the apprehension of a
person.
365 Limitation on requirement to return particular absent

persons
(1) This section applies if a person absconds while being lawfully
detained
(a) under a recommendation for assessment; or
(b) before the end of the assessment period for the person;
or
(c) under an examination authority; or
(d) under section 36.
(2) An authorisation or request under section 364 to transport the
person is in force for 3 days after the day the person absconds.
366 Authorised person may transport absent person

(1) This section applies if an authorised person is authorised to
transport a person under section 364(1).
(2) The authorised person may transport the person named in the
authorisation to the authorised mental health service or public
sector health service facility stated in the authorisation.
(3) If an authorised person mentioned in section 364(1)(a) intends
to ask a police officer, under the Police Powers and
Responsibilities Act 2000, section 16, to help transport the
2016 Act No. 5 Page 277

[s 367]
named person, the authorised person must ask the police

officer in the approved form mentioned in section 364(2)(a).
Note
Under section 359(4), an authorised person, other than a police officer,
is a public official for the Police Powers and Responsibilities Act 2000.
Under section 16 of that Act, a public official may ask a police officer to
help the public official perform the public officials functions.
(4) The approved form must state the reasons why the authorised
person considers it necessary to ask the police officer to help
transport the person.
(5) Before transporting the person, the authorised person must
(a) tell the person the authorised person is detaining the
person and transporting the person to the authorised
mental health service or public sector health service
facility stated in the authorisation; and
(b) explain to the person how taking action under paragraph
(a) may affect the person.
367 Effect on assessment period

If a person transported under an authorisation or request under
section 364 was subject to a recommendation for assessment
when the person absconded or the person absconded before
the end of the assessment period for the person
(a) despite section 41, the recommendation for assessment
continues in force; and
(b) despite section 45, the assessment period for the person
starts when the person is admitted to the service or
facility to which the person is transported under section
366; and
(c) a health service employee must note on the
recommendation for assessment when the assessment
period starts under paragraph (b).
Page 278 2016 Act No. 5

[s 368]
Division 4 Transport of persons to and from

interstate mental health services
368 Apprehension of person absent from interstate mental

health service
(1) An authorised person who is a police officer may apprehend,
in Queensland, a person
(a) who is absent without permission from an interstate
(b) for whom a warrant for the persons apprehension has
been issued under a corresponding law of the State in
which the interstate mental health service is located (the
other State).
(2) For subsection (1), a warrant issued under a corresponding
law authorising a persons apprehension is taken to be a
warrant for apprehension of the person under this Act by a
police officer.
(3) If the person is apprehended under this section, a police
officer may transport the person to an interstate mental health
service in the other State or an authorised mental health
service.
(4) The person may be detained in an authorised mental health
service for the period reasonably necessary to enable the
administrator of the service to make arrangements for the
persons return to an interstate mental health service.
369 Transport of person in Queensland to interstate mental

health service
(1) This section applies to a person in Queensland who
(a) appears to have a mental illness and may be detained
and transported to an authorised mental health service or
public sector health service facility under the Public
Health Act 2005, section 157B; or
2016 Act No. 5 Page 279
[s 370]
(b) is subject to a recommendation for assessment.

(2) If permitted under a corresponding law, the person may be
transported to an interstate mental health service by
(a) an authorised person; or
(b) a person who, under a corresponding law, is authorised
to transport the person to an interstate mental health
service.
370 Transport of person outside Queensland to authorised

(1) This section applies to a person outside Queensland who,
under a corresponding law, may be transported to an interstate
mental health service for
(a) emergency involuntary examination or treatment and
care relating to a mental illness; or
(b) an involuntary assessment of whether the person should
be involuntarily treated for a mental illness.
(2) If subsection (1)(a) applies, the person may be transported to
either of the following places for emergency examination or
treatment and care
(a) an authorised mental health service;
(b) a public sector health service facility.
(3) If the public sector health service facility mentioned in
subsection (2)(b) is not an inpatient hospital, the person may
be transported to the facility only with the approval of the
person in charge of the facility.
(4) If subsection (1)(b) applies, the person may be transported to
an authorised mental health service for an involuntary
assessment of whether the person should be involuntarily
treated for a mental illness.
(5) The person may be transported to a place mentioned in
subsection (2) or (4) by
Page 280 2016 Act No. 5
[s 371]
(a) an authorised person; or

(b) a person who, under a corresponding law, is authorised
to transport the person to an interstate mental health
service.
(6) A document under a corresponding law that recommends
assessment of a person to decide whether the person should be
involuntarily treated for a mental illness is taken to be a
recommendation for assessment for the purposes of this Act.
(7) In this section
inpatient hospital means a hospital at which a person may be
discharged on a day other than the day on which the person
was admitted to the hospital.
371 Making of emergency examination authority

(1) This section applies if a person mentioned in section
370(5)(b) (an interstate officer) transports a person to whom
section 370(1)(a) applies, to an authorised mental health
service or public sector health service facility.
(2) The interstate officer must immediately give an authority for
the person.
(3) The authority must
(b) state the time when it is given.
(4) The authority is taken to be an emergency examination
authority given for the person under the Public Health Act
2005, section 157D.
2016 Act No. 5 Page 281

[s 372]
Division 5 Transport powers

This division applies if an authorised person is required or
permitted under this Act to transport a person for a stated
purpose.
373 Power to detain

(1) The power of the authorised person to transport the person
includes the power to detain the person.
(2) The authorised person may exercise the power to transport the
person, including the power to detain the person, with the
help, and using the force, that is necessary and reasonable in
the circumstances.
374 Power to administer medication

(1) Despite the absence or refusal of the persons consent, the
power of the authorised person to transport the person
includes the power to administer medication to the person.
(2) However, the medication
(a) may be administered to the person only if a doctor is
satisfied there is no other reasonably practicable way to
protect the person or others from physical harm; and
(b) must be administered by a doctor or by a registered
nurse under the instruction of a doctor.
(3) The doctor or registered nurse may administer the medication
with the help, and using the force, that is necessary and
reasonable in the circumstances.
(4) For subsection (2)(b), the doctors instruction must include
the medications name, the dose, and route and frequency of
administration.
Page 282 2016 Act No. 5

[s 375]
(5) A doctor or registered nurse who administers medication

under this section must keep a written record of the matters
(6) This section applies despite the Guardianship and
Administration Act 2000, chapter 5, part 2, division 1.
(7) This section does not apply to a classified patient (voluntary).
(8) In this section
registered nurse means a person registered under the Health
Practitioner Regulation National Law
(a) to practise in the nursing and midwifery profession as a
nurse, other than as a student; and
(b) in the registered nurses division of that profession.
375 Power to use mechanical restraint

includes the power to use mechanical restraint on the person if
the person is an involuntary patient.
(2) However, the mechanical restraint may be used only if
(a) the chief psychiatrist has given approval, under
subsection (3), for the authorised person to use
mechanical restraint on the person; and
(b) there is no other reasonably practicable way to protect
the person or others from physical harm; and
(c) the device used is an approved device; and
(d) the use of mechanical restraint on the person, including
applying the device to the person, is with no more force
than is necessary and reasonable in the circumstances;
and
(e) the person is observed continuously while restrained.
(3) The chief psychiatrist may give approval for an authorised
person to use, under this section, mechanical restraint on the
person if the chief psychiatrist is satisfied there is no other
2016 Act No. 5 Page 283
[s 376]
reasonably practicable way to protect the person or others

from physical harm.
(4) The approval must state
(a) the purpose for which mechanical restraint may be used
on the person; and
(b) the period during which an authorised person may use
mechanical restraint on the person; and
(c) the approved device that must be used; and
(d) any other conditions the chief psychiatrist considers
appropriate.
(5) For subsection (4)(a), the purpose for which mechanical
restraint may be used on the person includes examining,
carrying out a diagnostic test on, or providing treatment and
care to, the person.
376 Power to enter particular places

includes the power to enter a place in which the authorised
person reasonably believes the person is if
(a) an occupier of the place consents to the entry; or
(b) it is a public place and the entry is made when the place
is open to the public.
(2) For asking an occupier of a place to consent to the entry,
chapter 14, part 3, division 2 applies as if
(a) a reference in the division to an inspector were a
reference to the authorised person; and
(b) a reference in the division to an inspector asking an
occupier of a place to consent to an inspector entering
the place under section 565(1)(a) were a reference to the
authorised person asking the occupier of the place to
consent to the authorised person entering the place
under this section.
Page 284 2016 Act No. 5
[s 377]
Note
See also the Police Powers and Responsibilities Act 2000, section 21 for
other powers of a police officer.
(3) If the power to enter a place arises only because an occupier
of the place consents to the entry, the power is subject to any
conditions of the consent and ceases if the consent is
withdrawn.
(4) If an authorised person lawfully enters a place under
subsection (1) for the purpose of transporting a person, the
power of the authorised person to transport the person also
includes the power
(a) to search the place to find the person; and
(b) to remain in the place for as long as the authorised
person considers it reasonably necessary to find the
person.
Division 6 Warrant for apprehension of person

to transport person
377 Application for warrant for apprehension of person

(1) This section applies if an authorised person considers a
warrant for apprehension of a person is necessary to enable an
authorised person to transport the person under this Act to an
service facility for examination, assessment, or treatment and
care.
(2) The authorised person may apply to a magistrate for a warrant
for apprehension of the person.
(3) The authorised person must prepare a written application
stating the grounds on which the warrant is sought.
(4) The written application must be sworn.
(5) The magistrate may refuse to consider the application until the
authorised person gives the magistrate all the information the
2016 Act No. 5 Page 285
[s 378]
magistrate requires about the application in the way the

magistrate requires.
Example
The magistrate may require additional information supporting the
application to be given by statutory declaration.
378 Issue of warrant

(1) A magistrate may issue the warrant for apprehension of the
person if the magistrate is satisfied the warrant is necessary to
enable an authorised person to transport the person to an
service facility for examination, assessment, or treatment and
care.
(2) The warrant authorises an authorised person
(a) to enter a place the authorised person reasonably
believes the person is; and
(b) to search the place to find the person; and
(c) to remain in the place for as long as the authorised
person considers it reasonably necessary to find the
person; and
(d) to transport the person to a stated authorised mental
health service or public sector health service facility.
Note
For a police officers entry and search powers, see the Police Powers and
Responsibilities Act 2000, section 21. Also, for the use of force by a
police officer, see the Police Powers and Responsibilities Act 2000,
section 615.
(3) The warrant must state
(a) the person to whom the warrant applies; and
(b) that an authorised person may, with necessary and
reasonable help and force, exercise
(i) the powers under the warrant mentioned in
subsection (2); and
Page 286 2016 Act No. 5
[s 379]
(ii) the powers mentioned in division 5; and

(c) the hours of the day or night when a place mentioned in
subsection (2)(a) may be entered; and
(d) the magistrates name; and
(e) the day and time of the warrants issue; and
(f) the day, within 7 days after the warrants issue, the
warrant ends.
(4) An authorised person may exercise a power under the warrant
with the help, and using the force, that is necessary and
379 Electronic application

(1) An application under section 377 may be made by phone, fax,
email, radio, videoconferencing or another form of electronic
communication if the authorised person reasonably considers
it necessary because of
(a) urgent circumstances; or
(b) other special circumstances, including, for example, the
authorised persons remote location.
(2) The application
(a) may not be made before the authorised person prepares
the written application under section 377(3); but
(b) may be made before the written application is sworn.
380 Additional procedure if electronic application

(1) For an application made under section 379, the magistrate
may issue the warrant for apprehension of the person (the
original warrant) only if the magistrate is satisfied
(a) it was necessary to make the application under section
379; and
2016 Act No. 5 Page 287

[s 380]
(b) the way the application was made under section 379 was
appropriate.
(2) After the magistrate issues the original warrant
(a) if there is a reasonably practicable way of immediately
giving a copy of the warrant to the authorised person,
including, for example, by sending a copy by fax or
email, the magistrate must immediately give a copy of
the warrant to the authorised person; or
(b) otherwise
(i) the magistrate must tell the authorised person the
information mentioned in section 378(3); and
(ii) the authorised person must complete a form of
warrant, including by writing on it the information
mentioned in section 378(3) told to the person by
the magistrate.
(3) The copy of the warrant mentioned in subsection (2)(a), or the
form of warrant completed under subsection (2)(b) (in either
case the duplicate warrant), is a duplicate of, and as effectual
as, the original warrant.
(4) The authorised person must, at the first reasonable
opportunity, send to the magistrate
(a) the written application complying with section 377(3)
and (4); and
(b) if the authorised person completed a form of warrant
under subsection (2)(b), the completed form of warrant.
(5) The magistrate must keep the original warrant and, on
receiving the documents under subsection (4)
(a) attach the documents to the original warrant; and
(b) give the original warrant and documents to the clerk of
the court of the relevant magistrates court.
(6) Despite subsection (3), if
Page 288 2016 Act No. 5

[s 381]
(a) an issue arises in a proceeding about whether an

exercise of a power was authorised by a warrant issued
under this section; and
(b) the original warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of
the exercise of the power to prove a warrant authorised the
exercise of the power.
(7) In this section
relevant magistrates court, in relation to a magistrate, means
the Magistrates Court that the magistrate constitutes under the
Magistrates Act 1991.
381 Defect in relation to a warrant

(1) A warrant for apprehension of a person is not invalidated by a
defect in
(a) the warrant; or
(b) compliance with this division;
unless the defect affects the substance of the warrant in a
material particular.
(2) In this section
warrant for apprehension includes a duplicate warrant under
section 380(3).
382 Warrantsentry procedure

(1) This section applies if an authorised person is intending to
enter a place under a warrant for apprehension of a person.
(2) Before entering the place, the authorised person must do or
make a reasonable attempt to do the following things
(a) identify himself or herself to a person present at the
place who is an occupier of the place;
Note
2016 Act No. 5 Page 289

Part 7 Security
[s 383]
See also the Police Powers and Responsibilities Act 2000,

section 637.
(b) give the person a copy of the warrant or, if the entry is
authorised by a duplicate warrant under section 380(3),
a copy of the duplicate warrant;
(c) tell the person the authorised person is permitted by the
warrant to enter and search the place to find the person
named in the warrant;
(d) give the person an opportunity to allow the authorised
person immediate entry to the place without using force.
(3) However, the authorised person need not comply with
subsection (2) if the authorised person reasonably believes
immediate entry to the place is required to ensure the effective
execution of the warrant is not frustrated.
Part 7 Security
383 Purpose of pt 7
The purpose of this part is to provide for
(a) the delivery to, and sending of postal articles for,
patients in authorised mental health services; and
(b) searches of particular patients in authorised mental
health services and particular public sector health
service facilities; and
(c) searches of persons on admission to, or entry into, high
security units or other authorised mental health services
approved by the chief psychiatrist; and
Page 290 2016 Act No. 5

Part 7 Security
[s 384]
(d) searches of visitors to high security units or other

authorised mental health services approved by the chief
psychiatrist; and
(e) the power of administrators of authorised mental health
services to exclude particular visitors to the service.

In this part
authorised security officer means
(a) a security officer; or
(b) an appropriately qualified health service employee of an
authorised mental health service who is authorised by
the administrator of the service to provide security
services to the service.
general search, of a person, means a search
(a) to reveal the contents of the persons outer garments,
general clothes or hand luggage without touching the
person or the luggage; or
(b) in which the person may be required to
(i) open his or her hands or mouth for visual
inspection; or
(ii) shake his or her hair vigorously.
personal search, of a person, means a search in which light
pressure is momentarily applied to the person over the
persons general clothes without direct contact being made
with
(a) the persons genital or anal areas; or
(b) for a femalethe persons breasts.
postal article includes a postal article carried by a courier
service.
2016 Act No. 5 Page 291

Part 7 Security
[s 385]
scanning search, of a person, means a search of the person by

electronic or other means that does not require the person to
remove the persons general clothes or to be touched by
another person.
Examples of a scanning search
using a portable electronic apparatus or another portable apparatus
that can be passed over the person
using an electronic apparatus through which the person is required
to pass
search requiring the removal of clothing, of a person, means
a search in which the person removes all garments during the
course of the search, but in which direct contact is not made
with the person.
security officer means a person employed or engaged by an
authorised mental health service to provide security services,
regardless of how the persons employment or engagement is
described.
Division 2 Postal articles and other things in

authorised mental health services
385 Patient may receive and send postal article

(1) A person must not prevent or impede in any way
(a) the delivery, to a patient of an authorised mental health
service, of a postal article addressed to the patient; or
(b) the sending of a postal article for a patient of an
(2) Subsection (1)(a) has effect subject to section 386.
(3) A person does not commit an offence against subsection
(1)(b) if the addressee of the postal article
Page 292 2016 Act No. 5

Part 7 Security
[s 386]
(a) is the subject of a non-contact condition of a forensic

order or treatment support order to which the patient is
subject; or
(b) has given written notice to the administrator of the
service asking that postal articles addressed by the
patient to the addressee be withheld.
(4) In this section
non-contact condition, of a forensic order or treatment
support order to which a patient is subject, means a condition
of the order that requires the patient not to contact a stated
person.
patient means
386 Administrator may search thing received for patient

(1) The administrator of an authorised mental health service, or
an appropriately qualified person authorised by the
administrator, may open or search anything received at the
service for a patient.
(2) However, the administrator may exercise a power under
subsection (1) only if the patient is present or has been given
the opportunity to be present.
(3) Subsection (2) does not apply if the patient obstructs the
administrator in the exercise of the administrators powers
under subsection (1).
(4) In this section
patient means
2016 Act No. 5 Page 293
Part 7 Security
[s 387]

search includes search by
(a) an electronic scanning device; and
(b) a physical examination.
Division 3 Searches of patients of authorised

mental health services or public
sector health service facilities

This division applies to
(a) an involuntary patient of an authorised mental health
service or public sector health service facility; or
(b) a classified patient (voluntary) of an authorised mental
health service.
388 Power to search on belief of possession of harmful thing

(1) This section applies if a doctor or health practitioner believes
the patient may have possession of a harmful thing.
(2) The doctor or health practitioner may
(a) carry out a general search, scanning search or personal
search of the patient; and
(b) if the administrator of the authorised mental health
service, or the person in charge of the public sector
health service facility, gives approval for a search
requiring the removal of clothingcarry out a search
requiring the removal of clothing; and
Page 294 2016 Act No. 5
Part 7 Security
[s 389]
(c) carry out a search of the patients possessions.

(3) The administrator of the service, or the person in charge of the
facility, may give approval under subsection (2)(b) if the
administrator or person in charge believes a search requiring
the removal of clothing is necessary in the circumstances.
(4) A search under this section may be carried out without the
patients consent.
(5) However, before carrying out a search under this section, the
doctor or health practitioner must tell the patient the reasons
for the search and how it is to be carried out.
(6) A doctor or health practitioner may carry out a search under
this section with the help, and using the force, that is
necessary and reasonable in the circumstances.
Division 4 Searches of involuntary patients on

admission to or entry into high
security units or other approved
services

This division applies to person who is admitted as an
involuntary patient to, or enters as an involuntary patient in, an
authorised mental health service that is
(b) another authorised mental health service, or part of an
authorised mental health service, approved by the chief
psychiatrist for the purpose of this division.
390 Power to search on admission or entry

(1) On the patients admission to, or entry into, the service, an
authorised security officer may, for detecting harmful
things
2016 Act No. 5 Page 295
Part 7 Security
[s 391]
(a) carry out a general search, scanning search or personal

search of the patient; and
(b) if the administrator of the service gives approval for a
search requiring the removal of clothingcarry out a
search requiring the removal of clothing; and
(c) carry out a search of the patients possessions.
(2) The administrator of the service may give approval under
subsection (1)(b) if the administrator believes a search
requiring the removal of clothing is necessary in the
circumstances.
(3) A search under this section may be carried out without the
patients consent.
(4) However, before carrying out a search under this section, the
authorised security officer must tell the patient the reasons for
the search and how it is to be carried out.
(5) An authorised security officer may carry out a search under
this section with the help, and using the force, that is
necessary and reasonable in the circumstances.
Division 5 Searches of visitors to high security

units or other approved services

This division applies to a visitor to an authorised mental
health service that is
(b) another authorised mental health service, or part of an
authorised mental health service, approved by the chief
psychiatrist for the purpose of this division.
Page 296 2016 Act No. 5

Part 7 Security
[s 392]
392 Power to search visitor

An authorised security officer for the service may ask the
visitor
(a) to submit to a general search, scanning search or
personal search by the authorised security officer; or
(b) to submit the visitors possessions to a search.
393 Requirement to explain to visitor

The authorised security officer must tell the visitor in general
terms of
(a) the officers powers in relation to the search; and
(b) how the search is to be carried out; and
(c) the visitors rights under this division.
394 Direction to leave

(1) If the visitor does not agree to a request under section 392, the
authorised security officer may refuse the visitor permission
to enter the service or, if the person is in the service, direct the
person to immediately leave the service.
(2) If the visitor is directed to leave the service, the visitor must
comply with the direction.
395 Visitor may leave thing with authorised security officer

If the visitor does not want the authorised security officer to
search anything in the visitors possession, the visitor may
leave the thing with the officer until the visitor leaves the
service.
2016 Act No. 5 Page 297

Part 7 Security
[s 396]
396 Authorised security officer may ask visitor to leave thing

with officer
(1) The authorised security officer may ask the visitor to leave a
thing the officer believes is a harmful thing with the officer
until the visitor leaves the service.
(2) If the visitor refuses to comply with a request under
subsection (1), the officer may refuse the visitor permission to
enter the service or, if the person is in the service, direct the
person to immediately leave the service.
(3) If the visitor is directed to leave the service, the visitor must
comply with the direction.
397 Visitor may ask for search to stop

(1) The authorised security officer must stop the search if the
visitor tells the officer the visitor does not want the search to
continue and is prepared to leave the service immediately.
(2) The visitor must leave the service immediately.
398 Return of thing to visitor

If the visitor has left a thing with an authorised security
officer, the officer must ensure the thing is returned to the
visitor if
(a) the visitor asks for its return; and
(b) the officer is satisfied the visitor is about to leave the
service.
Page 298 2016 Act No. 5

Part 7 Security
[s 399]
Division 6 Requirements for searches
399 Requirements for personal search

(1) A person authorised under division 3, 4 or 5 to carry out a
personal search (the searcher) may do any 1 or more of the
following in relation to the person being searched
(a) remove and inspect an outer garment or footwear of the
person;
(b) remove and inspect all things from the pockets of the
persons clothing;
(c) touch the clothing worn by the person to the extent
necessary to detect things in the persons possession;
(d) remove and inspect any detected thing.
(2) The searcher may exercise a power under subsection (1)(c)
only if
(a) the searcher is the same gender as the person; and
(b) the search is carried out in a part of a building that
ensures the persons privacy.
(3) The searcher must
(a) carry out the search in a way that respects the persons
dignity to the greatest possible extent; and
(b) cause as little inconvenience to the person as is
practicable in the circumstances.
400 Requirements for search requiring removal of clothing

(1) A search under division 3 or 4 requiring the removal of
clothing of a person must be carried out by at least 2 persons
authorised to carry out the search, but by no more persons
than are reasonably necessary to carry out the search.
(2) Each person carrying out the search (each a searcher) must be
of the same gender as the person being searched.
2016 Act No. 5 Page 299
Part 7 Security
[s 401]
(3) Before carrying out the search, 1 of the searchers must tell the
person
(a) that the person will be required to remove the persons
clothing during the search; and
(b) why it is necessary to remove the clothing.
(a) ensure the search is carried out in a part of a building
that ensures the persons privacy; and
(b) ensure, to the extent practicable, that the way in which
the person is searched causes minimal embarrassment to
the person; and
(c) take reasonable care to protect the persons dignity; and
(d) carry out the search as quickly as practicable; and
(e) allow the person to dress as soon as the search is
finished.
(5) The searcher must, if reasonably practicable, give the person
the opportunity to remain partly clothed during the search,
including, for example, by allowing the person to dress the
persons upper body before being required to remove clothing
from the lower part of the body.
(6) If the searcher seizes clothing because of the search, the
searcher must ensure the person is left with, or given,
reasonably appropriate clothing.
401 Requirements for search of possessions

(1) A person authorised under division 3, 4 or 5 to carry out a
search of a persons possessions (the searcher) may
(a) open or inspect a thing in the persons possession; and
(b) remove and inspect any detected thing.
(2) However, the searcher may exercise a power to inspect a thing
under subsection (1) only if the person is present or has been
given the opportunity to be present.
Page 300 2016 Act No. 5
Part 7 Security
[s 402]
(3) Subsection (2) does not apply if the person obstructs the
searcher in the exercise of the searchers powers.
Division 7 Records of searches
402 Record of search must be made

(a) a search requiring the removal of clothing is carried out
under division 3 or 4; or
(b) a person seizes anything found during a search under
this part.
(2) As soon as practicable after carrying out the search, the
person who carried out the search must make a written record
of the following details of the search
(a) the reasons for the search;
(b) the names of the persons present during the search;
(c) how the search was carried out;
(d) details of anything seized, including the reasons for
seizing.
Division 8 Seizure
403 Seizure of harmful or other thing

(1) A person authorised under this part to carry out a search (the
searcher) may seize anything found during the search that the
searcher reasonably suspects is
(a) connected with, or is evidence of, the commission or
intended commission of an offence against an Act; or
(b) for a search under division 2, 3 or 4a harmful thing.
2016 Act No. 5 Page 301

Part 7 Security
[s 403]
(2) If the searcher believes a seized thing is connected with, or is

evidence of, the commission or intended commission of an
offence against an Act, the searcher must give it to an
authorised inspector for the Act.
(3) The seizure provisions of the Act mentioned in subsection (2)
apply to the thing as if the searcher had seized it under the
provisions of the Act that relate to the offence.
(4) If the authorised inspector is not reasonably satisfied the thing
is evidence of the commission or intended commission of an
offence against the Act, the authorised inspector must return it
to the searcher who must deal with it under this section.
(5) If the searcher believes a thing seized from a patient, or a
thing returned under subsection (4), is a harmful thing, the
searcher must
(a) keep it for the patient and give it to the patient on the
patients discharge from the authorised mental health
service or public sector health service facility; or
(b) give it to someone else if the patient is able to give, and
has given, agreement to do so; or
(c) if the searcher is satisfied someone else is entitled to
possession of the thinggive or send it to the person; or
(d) if the searcher is satisfied it is of negligible
valuedispose of it in the way the administrator of the
authorised mental health service, or the person in charge
of the public sector health service facility, believes
appropriate.
(6) A thing seized from a visitor, and returned to the searcher
under subsection (4), is forfeited to the State if the searcher
(a) can not find the visitor from whom it was seized, after
making reasonable inquiries; or
(b) can not return it to the visitor, after making reasonable
efforts.
(7) In applying subsection (6)
Page 302 2016 Act No. 5
Part 7 Security
[s 404]
(a) subsection (6)(a) does not require the searcher to make

inquiries if it would be unreasonable in the particular
circumstances to make inquiries to find the visitor; and
(b) subsection (6)(b) does not require the searcher to make
efforts if it would be unreasonable in the particular
circumstances to make efforts to return the thing to the
visitor.
(8) Regard must be had to a things nature, condition and value in
deciding
(a) whether it is reasonable to make inquiries or efforts; and
(b) if making inquiries or effortswhat inquiries or efforts,
including the period over which they are made, are
reasonable.
(9) In this section
authorised inspector, for an Act, means a person who is
authorised under the Act to perform inspection and
enforcement functions.
seizure provisions, of an Act, means the provisions of the Act
relating to the access to, and retention, disposal and forfeiture
of, a thing after its seizure under the Act.
404 Receipt for seized thing

(1) A person authorised under this part to carry out a search must
give a receipt for a thing seized to the person from whom it
was seized.
(2) The receipt must describe generally the thing seized and its
condition.
405 Access to seized thing

(1) This section applies to a thing seized on a search under this
part.
2016 Act No. 5 Page 303

Part 7 Security
[s 406]
(2) Until the thing is forfeited or returned under this division, the
searcher must allow its owner to inspect it and, if it is a
document, to copy it.
(3) Subsection (1) does not apply if it is impracticable or would
be unreasonable to allow the inspection or copying.
406 Approval of identity card

(1) The administrator of an authorised mental health service that
is a high security unit or approved service must approve an
identity card for each authorised security officer for the
service.
(2) An approved identity card for an authorised security officer
must
(a) contain a recent photograph of the officer; and
(b) identify the person as an authorised security officer.
(3) In this section
approved service means an authorised mental health service,
or part of an authorised mental health service, approved by the
chief psychiatrist under section 389(b) for the purpose of
division 4, or under section 391(b) for the purpose of division
5.
407 Compensation for damage to possessions

(1) A patient or visitor (the claimant) may claim from the State
the cost of repairing or replacing the claimants possessions
damaged in the exercise or purported exercise of a power
under this part.
Page 304 2016 Act No. 5

Part 7 Security
[s 408]
(2) The cost may be claimed and ordered in a proceeding

(a) brought in a court of competent jurisdiction; or
(b) for an offence against this Act brought against the
claimant.
(3) A court may order an amount be paid only if it is satisfied it is
just to make the order in the circumstances of the particular
case.
(4) A regulation may prescribe matters that may, or must, be
taken into account by the court when considering whether it is
just to make the order.
Division 11 Exclusion of visitors
408 Administrator may refuse to allow person to visit patient

refuse to allow a person to visit a patient of the service if the
administrator is satisfied the proposed visit will adversely
affect the patients treatment and care.
Example for subsection (1)
The administrator may be satisfied a patients treatment and care will be
adversely affected if, on a previous visit by a person, the patients
mental state deteriorated.
(2) The administrator must give the person written notice of the
decision.
(3) The notice must state
notice; and
(4) This section does not permit the administrator to refuse to
allow either of the following to visit a patient of the service
2016 Act No. 5 Page 305
Part 1 Preliminary
[s 409]
(a) a person performing a function under an Act, including,

for example, a community visitor performing a function
under the Public Guardian Act 2014;
(b) a legal representative or health practitioner requested by
the patient to visit.
Chapter 12 Mental Health Review

Tribunal proceedings
Part 1 Preliminary
The purpose of this chapter is to provide for the tribunal
(a) to review the following
(i) treatment authorities;
(ii) forensic orders;
(iii) treatment support orders;
(iv) the fitness for trial of particular persons;
(v) the detention of minors in high security units; and
(b) to hear applications for the following
(i) examination authorities;
(ii) approvals of regulated treatment;
(iii) approvals of transfers of particular persons into
and out of Queensland.
Page 306 2016 Act No. 5

[s 410]
410 Particular decisions of no effect for classified patient

(1) This section applies if the tribunal does any of the following
on a review of a treatment authority, forensic order or
treatment support order for a person who is a classified
patient
(a) changes the category of the authority or order to
community;
(b) orders limited community treatment for the person;
(c) approves limited community treatment for the person.
(2) The change, order or approval is of no effect while the person
is a classified patient.

In this part
applicant review, of a treatment authority, see section 413(2).
periodic review, of a treatment authority, see section 413(1).
review, of a treatment authority, means any of the following
(a) a periodic review of the authority;
(b) an applicant review of the authority;
(c) a tribunal review of the authority.
tribunal review, of a treatment authority, see section 413(3)
and (4).
2016 Act No. 5 Page 307

[s 412]
412 Matters to which tribunal must have regard

(1) In making a decision under this part in relation to a review of
a treatment authority, the tribunal must have regard to the
relevant circumstances of the person subject to the authority.
Examples of decisions in relation to a review of a treatment authority
deciding whether to confirm or revoke the authority
deciding whether to confirm or change the category of the authority
community
deciding whether to change or remove a condition to which the
authority is subject or to impose a condition on the authority
that requires the tribunal to have regard to a stated matter.
Division 2 When particular reviews are

conducted
413 When reviews are conducted

(1) The tribunal must review (a periodic review) a treatment
authority
(a) within 28 days after the authority is made; and
(b) within 6 months after the review under paragraph (a) is
completed; and
(c) within 6 months after the review under paragraph (b) is
completed; and
(d) at intervals of not more than 12 months after the review
under paragraph (c) is completed.
(2) Also, the tribunal must review (an applicant review) a
treatment authority on application by
(a) the person subject to the authority; or
Page 308 2016 Act No. 5

[s 414]
(b) an interested person for the person mentioned in

paragraph (a); or
(3) Further, the tribunal may at any time, on its own initiative,
review (a tribunal review) a treatment authority.
(4) If the tribunal receives written notice under section 210(3) of
the amendment of a treatment authority, the tribunal must
review (also a tribunal review) the authority within 14 days
after receiving the notice.
(5) This section is subject to sections 414 to 416 and chapter 16,
part 2, division 6, subdivision 2.
414 When periodic review deferred

(a) an applicant review or a tribunal review (each a previous
review) of a treatment authority has been completed
(i) within 6 months before a periodic review (the next
scheduled review) of the treatment authority must
be conducted under section 413(1)(b) or (c); or
(ii) within 12 months before a periodic review (also
the next scheduled review) of the treatment
authority must be conducted under section
413(1)(d); and
(b) the tribunal is satisfied there are no matters relevant to
the next scheduled review that were not considered by
the tribunal on the previous review.
(2) Section 413(1) is taken to require the next scheduled review of
the treatment authority to be conducted
(a) if the next scheduled review is to be conducted under
section 413(1)(b) or (c)within 6 months after the
previous review was completed; or
2016 Act No. 5 Page 309

[s 415]
(b) if the next scheduled review is to be conducted under

section 413(1)(d)within 12 months after the previous
review was completed.
415 When tribunal must not conduct review

The tribunal must not conduct a review of a treatment
authority if
(a) an appeal to the Mental Health Court against the
tribunals decision on a review of the authority is
pending; and
(b) the court has stayed the tribunals decision on the review
of the authority.
416 When particular tribunal review is not required

(1) This section applies to a tribunal review of a treatment
authority mentioned in section 413(4), if the tribunal receives
written notice under section 210(5) of the amendment of the
authority.
(2) The tribunal is not required to conduct, or complete the
hearing of, the review.
Division 3 Applications and notices of

hearings
417 Application for applicant review to state orders sought

(1) An application for an applicant review of a treatment authority
must state the orders sought by the applicant.
(2) An order sought must be an order mentioned in division 4.
Page 310 2016 Act No. 5

[s 418]

(1) The tribunal must give each of the following persons written
notice of the hearing of a review of a treatment authority
(a) the person subject to the authority;
(b) for an applicant review, if the person is not the
applicantthe applicant;
(c) the administrator of the authorised mental health service
responsible for the person;
(d) if the person is a classified patientthe chief
psychiatrist.
(2) The notice must be given at least 7 days before the hearing.
(3) If the review is a tribunal review, the notice must state
(a) for a tribunal review mentioned in section 413(4)that
the tribunal proposes to consider whether to confirm the
category of the treatment authority as inpatient; or
(b) for another tribunal reviewany particular matter the
tribunal proposes to consider on the review.
419 Decisions
(1) On a periodic review of a treatment authority, the tribunal
must decide to
(a) confirm the authority; or
(b) revoke the authority.
Note
See subdivision 2 for the orders the tribunal may make if it confirms the
authority.
2016 Act No. 5 Page 311

[s 420]
(2) On an applicant review of a treatment authority, the tribunal

(a) must decide whether to make the orders sought by the
applicant; and
(b) may make the orders under this division it considers
appropriate.
(3) On a tribunal review of a treatment authority, the tribunal
(a) must decide any particular matter stated in the notice
given under section 418(3); and
appropriate.
420 Administrator to provide report

For a periodic review of a treatment authority under section
413(1)(c), if the person subject to the authority does not have
a personal guardian
(a) the administrator of the persons treating health service
must give the tribunal a report about whether the
appointment of a personal guardian for the person may
result in there being a less restrictive way for the person
illness; and
(b) the tribunal must consider whether the appointment of a
personal guardian for the person may result in there
being a less restrictive way for the person to receive
421 Requirement to revoke treatment authority

(1) On a review of a treatment authority, the tribunal must revoke
the authority if the tribunal considers
(a) the treatment criteria no longer apply to the person
subject to the authority; or
Page 312 2016 Act No. 5

[s 422]
(b) there is a less restrictive way for the person to receive

(2) However, subsection (1) does not apply if the tribunal
considers the persons capacity to consent to be treated for the
persons mental illness is not stable.
Example of when a persons capacity to consent is not stable
the person gains and loses capacity to consent to be treated during a
short time period
Subdivision 2 Confirmation of treatment

authorityrelated orders
422 Application of sdiv 2

This subdivision applies if, on a review of a treatment
authority, the tribunal confirms the authority.
423 Change of category to community

If the category of the treatment authority is inpatient, the
tribunal must change the category of the authority to
community unless the tribunal considers that 1 or more of the
following can not reasonably be met if the category of the
authority is community
424 Community categorydeciding whether authorised

doctor may reduce treatment in community
(a) the category of the treatment authority is community; or
2016 Act No. 5 Page 313

[s 425]
(b) the tribunal changes the category of the treatment

authority to community under section 423.
(2) The tribunal must decide whether an authorised doctor may, at
a future time, reduce the extent of treatment in the community
received by the person.
425 Inpatient categorylimited community treatment

(1) This section applies if the category of the treatment authority
is inpatient.
(2) The tribunal may approve limited community treatment, or an
extension of limited community treatment, for the person.
(3) In deciding whether to approve or extend limited community
treatment under subsection (2), the tribunal must have regard
to the purpose of limited community treatment.
(4) If the tribunal approves or extends limited community
treatment under subsection (2), the tribunal must decide
whether an authorised doctor may, at a future time, reduce the
426 Conditions
(1) The tribunal may
(a) change or remove a condition to which the treatment
authority is subject; or
(b) impose a condition on the treatment authority.
(2) However, the tribunal may not impose a condition on the
treatment authority that requires the person to take a particular
medication or a particular dosage of a medication.
427 Transfer to another authorised mental health service

(1) The tribunal may order the persons transfer to another
authorised mental health service to provide treatment and care
for the person.
Page 314 2016 Act No. 5
[s 428]
(2) In deciding whether to order the persons transfer under

subsection (1), the tribunal must have regard to the
following
(c) the capacity of the authorised mental health service to
which the person is to be transferred;
(d) whether the transfer would be in the best interests of the
person, including, for example, closer proximity to the
persons family, carers and other support persons.
428 Change of category to inpatient

(1) This section applies if the category of the treatment authority
is community.
(2) The tribunal may change the category of the treatment
authority to inpatient, but only if the tribunal considers it is
reasonably necessary for an authorised doctor to examine the
person in order to review the persons treatment and care
needs.
Note
Under section 209, the authorised doctor who examines the person may
change the nature or extent of the persons treatment in the community.
(3) If the tribunal changes the category of the treatment authority
under this section to inpatient, the tribunal may authorise an
authorised person to transport the person to an inpatient unit
of a stated authorised mental health service.
(4) For subsection (3), an authorised person may transport the
person to an inpatient unit of the stated authorised mental
health service.
Note
2016 Act No. 5 Page 315

Part 3 Review of forensic orders (mental health) and forensic orders (disability)
[s 429]
429 Other orders

Subject to the other provisions of this subdivision, the tribunal
may provide for any other matter the tribunal considers
appropriate.
Part 3 Review of forensic orders

(mental health) and forensic
orders (disability)
This part applies to a forensic order (mental health) or
forensic order (disability).

In this part
applicant review, of a forensic order (mental health) or
forensic order (disability), see section 433(2).
periodic review, of a forensic order (mental health) or forensic
order (disability), see section 433(1).
review, of a forensic order (mental health) or forensic order
(disability), means
(a) an applicant review of the order; or
(b) a periodic review of the order; or
(c) a tribunal review of the order.
tribunal review, of a forensic order (mental health) or forensic
order (disability), see section 433(3) and (4).
Page 316 2016 Act No. 5

[s 432]

a forensic order (mental health) or forensic order (disability),
the tribunal must have regard to the following
(a) the relevant circumstances of the person subject to the
order;
(b) the nature of the relevant unlawful act and the period of
time that has passed since the act happened;
(c) any victim impact statement given to the tribunal under
section 155 or 742 relating to the relevant unlawful act;
(d) if the Mental Health Court made a recommendation in
the order about an intervention program for the
personthe persons willingness to participate in the
program if offered to the person.
Examples of decisions in relation to a review of a forensic order
deciding whether to confirm or revoke the order
deciding whether to confirm or change the category of the order
community
order is subject or to impose a condition on the order

conducted

(1) The tribunal must review (a periodic review) the forensic
order
(a) within 6 months after the order is made; and
2016 Act No. 5 Page 317

[s 434]
(b) at intervals of not more than 6 months after the review

under paragraph (a) is completed.
(2) Also, the tribunal must review (an applicant review) the
forensic order on application by
(a) the person subject to the order; or
paragraph (a); or
(c) the Attorney-General; or
(d) if an authorised mental health service is responsible for
(e) if the forensic disability service is responsible for the
review (a tribunal review) the forensic order.
the amendment of the forensic order, the tribunal must review
(also a tribunal review) the order within 21 days after
receiving the notice.

review) of the forensic order has been completed within
6 months before a periodic review (the next scheduled
review) of the order must be conducted under section
433(1)(a) or (b); and
Page 318 2016 Act No. 5

[s 435]

the forensic order to be conducted within 6 months after the
previous review was completed.
435 Requirement to conduct periodic review suspended

(1) This section applies if the person who is subject to the
forensic order is transferred to an interstate mental health
service under part 10, division 2.
(2) While the interstate mental health service is responsible for
the person, the tribunal is not required to conduct a periodic
review of the forensic order under section 433(1).

The tribunal must not conduct a review of the forensic order
if
tribunals decision on a review of the order is pending;
and
of the order.

(1) This section applies to a tribunal review of the forensic order
mentioned in section 433(4), if the tribunal receives written
notice under section 213(5) of the amendment of the order.
2016 Act No. 5 Page 319

[s 438]

hearings

(1) An application for an applicant review of the forensic order
must state the orders sought by the applicant.
(2) An order sought must be an order mentioned in division 4 or
6.
(3) However, during any non-revocation period for the forensic
order, the application may seek an order revoking the forensic
order only if the revocation is sought under section 457.

notice of the hearing of a review of the forensic order
(a) the person subject to the order;
(c) if an authorised mental health service is responsible for
the person
(i) the administrator of the service; and
(ii) the chief psychiatrist;
(d) if the forensic disability service is responsible for the
person
(ii) the director of forensic disability;
(e) the Attorney-General.
Page 320 2016 Act No. 5

[s 440]

category of the forensic order as inpatient; or

This division is subject to division 5.
441 Decisions
(1) On a periodic review of the forensic order, the tribunal must
decide to
(a) confirm the order; or
(b) revoke the order.
Notes
1 See subdivision 2 for the orders the tribunal may make if it confirms
the order.
2 See subdivision 3 for the orders the tribunal may make if the order
is a forensic order (mental health) and the tribunal revokes the
order.
(2) On an applicant review of the forensic order, the tribunal
applicant; and
appropriate.
2016 Act No. 5 Page 321

[s 442]
If an applicant seeks an order changing the category of the

forensic order from inpatient to community, the tribunal may
decide not to change the category of the order, but may order that
the person have limited community treatment of a stated extent.
(3) On a tribunal review of the forensic order, the tribunal
appropriate.
442 Requirement to confirm forensic order

(1) The tribunal must confirm the forensic order if the tribunal
considers the order is necessary, because of the persons
mental condition, to protect the safety of the community,
including from the risk of serious harm to other persons or
property.
(2) Also, during any non-revocation period for the forensic order,
the tribunal is taken, for section 443, to have confirmed the
order.
Note
The tribunal must not revoke the forensic order during the
non-revocation period for the order. See section 452.
(3) Subsection (2) does not apply if the forensic order is a
forensic order (mental health) and the tribunal decides to
revoke the order under section 457.
Subdivision 2 Confirmation of forensic

orderrelated orders

This subdivision applies if, on a review of the forensic order,
the tribunal confirms the order.
Page 322 2016 Act No. 5

[s 444]
444 Change or confirmation of category

(1) The tribunal may change the category of the forensic order.
(2) However, the tribunal may change the category of the forensic
order to community, or confirm the category of the order as
community, only if the tribunal is satisfied there is not an
unacceptable risk to the safety of the community, because of
the persons mental condition, including the risk of serious
harm to other persons or property.
445 Inpatient categoryorders about treatment in community

(1) This section applies if the tribunal
(a) confirms the category of the forensic order as inpatient;
or
(b) changes the category of the forensic order to inpatient.
(2) The tribunal must do 1 of the following
(a) order that the person have no limited community
treatment;
Note
An order made under paragraph (a) may not be amended by an
authorised doctor. See section 212(2).
section 20 may, at a future time
(i) authorise limited community treatment for the
decided by the tribunal; or
(ii) change the category of the order to community,
subject to the conditions decided by the tribunal;
(c) order that the person have limited community
treatment
(i) of a stated extent; and
2016 Act No. 5 Page 323
[s 446]
(ii) subject to the conditions decided by the tribunal,

including whether, or the extent to which, an
authorised doctor under section 212 or a senior
practitioner under the Forensic Disability Act,
section 20 may amend the forensic order in relation
to treatment in the community.
(3) The tribunal may make an order under subsection (2)(b) or (c)
only if the tribunal is satisfied there is not an unacceptable risk
to the safety of the community, because of the persons mental
or property.
(4) In deciding whether the tribunal is satisfied of the matters
mentioned in subsection (3), the tribunal must have regard
to
(a) the purpose of limited community treatment; and
(b) the fact that
responsible for the personan authorised doctor
may increase the extent of treatment in the
community for the person only if satisfied of the
matters mentioned in section 212(3); or
the persona senior practitioner under the
Forensic Disability Act may authorise treatment in
the community for the person only if satisfied of
the matters mentioned in the Forensic Disability
Act, section 20(2).
446 Community categoryorders about treatment in

community
(1) This section applies if the tribunal
(a) confirms the category of the forensic order as
community; or
Page 324 2016 Act No. 5

[s 447]
(b) changes the category of the forensic order to

community.
(2) The tribunal must
(a) order that an authorised doctor or a senior practitioner
under the Forensic Disability Act must not change the
category of the order to inpatient; or
section 20 may, at a future time, change the nature or
extent of treatment in the community received by the
decided by the tribunal.
Example of a change of extent of treatment in the community
changing the category of the forensic order from community to
inpatient, with or without limited community treatment
447 Conditions
(a) change or remove a condition to which the forensic
order is subject; or
(b) impose a condition on the forensic order.
(2) Without limiting subsection (1), the tribunal may impose a
forensic order that requires the person to take a particular
medication or a particular dosage of a medication.
448 Other orders

appropriate.
2016 Act No. 5 Page 325

[s 449]
Subdivision 3 Revocation of forensic order

(mental health)related orders

This subdivision applies if
(a) the forensic order is a forensic order (mental health);
and
(b) the tribunal decides to revoke the forensic order.
450 Making of treatment support order

(1) The tribunal must decide to make a treatment support order
for the person if the tribunal considers a treatment support
order, but not a forensic order, is necessary, because of the
persons mental condition, to protect the safety of the
community, including from the risk of serious harm to other
persons or property.
(2) For making a treatment support order under subsection (1),
sections 144 and 145 apply as if
(a) a reference in the sections to the Mental Health Court
were a reference to the tribunal; and
(b) a reference in the sections to the person the subject of
the reference were a reference to the person subject to
the forensic order.
451 Making of treatment authority or no further order

(1) If the tribunal considers that neither a forensic order nor a
treatment support order is necessary, because of the persons
mental condition, to protect the safety of the community,
including from the risk of serious harm to other persons or
property, the tribunal may
(a) make no further order for the person; or
(b) make a treatment authority for the person.
Page 326 2016 Act No. 5
[s 451]
(2) The tribunal may make a treatment authority for the person
under subsection (1)(b) only on the recommendation of an
authorised psychiatrist who considers, after examining the
person, that
(3) The treatment authority must state the following
(a) the category of the authority;
(b) the authorised mental health service responsible for the
person;
(c) the nature and extent of any limited community
treatment the person is to receive;
(d) any conditions the tribunal considers necessary for the
persons treatment and care, other than a condition
requiring the person to take a particular medication or a
particular dosage of a medication.
(4) The tribunal may decide the category of the treatment
authority is inpatient only if the tribunal is satisfied that 1 or
more of the following can not reasonably be met if the
category of the authority is community
(5) However, if the person is a classified patient, the tribunal must
decide the category of the authority is inpatient.
(6) In deciding the nature and extent of any limited community
treatment under subsection (3)(c), the tribunal must have
regard to the purpose of limited community treatment.
(7) If the tribunal decides the category of the treatment authority
is community, the tribunal must decide whether an authorised
2016 Act No. 5 Page 327

[s 452]
doctor may, at a future time, reduce the extent of treatment in

the community received by the person.
(8) The treatment authority is taken to be a treatment authority
made under section 49 by the authorised psychiatrist
(9) Sections 53 and 59 apply to the treatment authority as if a
reference in the sections to the authorised doctor were a
reference to the authorised psychiatrist mentioned in
subsection (2).
(10) As soon as practicable after the treatment authority is made,
the authorised psychiatrist mentioned in subsection (2) must
decide the nature and extent of the treatment and care to be
provided to the person under the authority.
Division 5 Restrictions on revoking or

amending forensic orders
452 Orders with non-revocation period

(1) The tribunal must not revoke a forensic order under division 4
during any non-revocation period for the order.
(2) Subsection (1) is subject to section 457.
453 Order for person temporarily unfit for trial

(1) This section applies to a person subject to a forensic order if
(a) a finding of unfitness has been made in relation to the
person; and
(b) the proceeding against the person in relation to which
the finding of unfitness was made has not been
discontinued under section 490 or 491.
(2) The tribunal must not revoke the forensic order unless a
treatment support order is made for the person under section
450.
Page 328 2016 Act No. 5
[s 454]
Note
If, on a review under part 6, the tribunal decides the person is fit for trial,
the forensic order ends on the persons appearance at the mention of the
proceeding for the relevant offence. See section 497(2).
454 Order for person charged with prescribed offence

(1) This section applies if a forensic order for a person was made
on a reference in relation to a prescribed offence allegedly
committed by the person.
(2) The tribunal must not revoke the forensic order unless
(a) the person has been examined, under an order made
under section 721, by an examining practitioner; and
(b) the tribunal has obtained and considered the examining
practitioners written report on the examination.
455 Tribunals order takes effect after suspension or change

of category ends
(a) the chief psychiatrist has, under section 313, suspended
limited community treatment for the person or changed
the category of the forensic order for the person to
inpatient; and
Note
Under section 313, the suspension of limited community
treatment or change of category of the forensic order is for a
period of not more than 7 days. The person may appeal to the
tribunal against the chief psychiatrists decision. See section
533.
(b) the suspension, or the change of category, is in effect
when the tribunal
(i) orders or approves limited community treatment
for the person; or
2016 Act No. 5 Page 329
[s 456]
(ii) orders that the category of the forensic order be

changed to community.
(2) The tribunals order or approval takes effect when the
suspension, or change of category, ends.
456 Transfer of responsibility for forensic patient

(1) On a review of a forensic order, the tribunal may order that
responsibility for the person subject to the order be transferred
to
the personanother authorised mental health service; or
the person and the person is subject to a forensic order
(disability)another authorised mental health service or
the forensic disability service; or
personan authorised mental health service.
(2) In deciding whether to make an order under subsection (1),
the tribunal must have regard to each of the following
(b) any intellectual disability of the person;
(c) the persons treatment and care needs;
(d) the security requirements for the person;
(e) if responsibility for the person is to be transferred to an
authorised mental health servicethe capacity of the
authorised mental health service to which the person is
to be transferred;
(f) whether the transfer would be in the best interests of the
Page 330 2016 Act No. 5
[s 457]
(3) However, the tribunal may order under subsection (1) that
responsibility for the person be transferred to the forensic
disability service only if the chief executive (forensic
disability) certifies, in writing, that the forensic disability
service has
(a) the physical capacity to accommodate the person; and
(b) the capacity to provide care for the person under the
order.
(4) For subsection (3), section 148 applies as if
(a) a reference in the section to the Mental Health Court
(b) a reference in the section to section 147 were a reference
to subsection (1).
457 Person with dual disability

(1) This section applies to a person who
(a) has a dual disability; and
(b) is subject to a forensic order (mental health).
(2) If the tribunal is satisfied the person no longer requires
involuntary treatment and care for the persons mental illness,
the tribunal must
(a) revoke the forensic order (mental health); and
(b) make a forensic order (disability) for the person.
(3) For making the forensic order (disability), section 135 and
chapter 5, part 4, division 2, subdivision 2 apply as if
(a) a reference in the provisions to the Mental Health Court
(b) a reference in the provisions to the person the subject of
the forensic order (mental health).
2016 Act No. 5 Page 331

[s 458]
(4) If there was a non-revocation period for the forensic order

(mental health), the forensic order (disability) is taken to have
the same non-revocation period.
(5) For subsection (4), the forensic order (disability) is taken to
have been made when the forensic order (mental health) was
made.
(6) The revocation of the forensic order (mental health) under this
section does not affect any recommendation made by the court
under section 136.
Part 4 Review of forensic orders

(Criminal Code)
This part applies to a forensic order (Criminal Code).
459 Tribunal to conduct hearing

The tribunal must, within 21 days after the tribunal is notified
of the making of the forensic order (Criminal Code) for a
person, conduct a hearing for the purpose of making a
forensic order (mental health) or forensic order (disability) for
the person.

(1) The tribunal must give the following persons written notice of
the hearing
(a) the person;
(b) the Attorney-General;
Page 332 2016 Act No. 5

[s 461]
(d) the director of forensic disability;

(e) the administrator of the authorised mental health service
to which the person has been admitted under the
461 Making of forensic order

(1) The tribunal must make a forensic order (mental health) for
the person unless subsection (2) applies.
(2) The tribunal must make a forensic order (disability) for the
person if the tribunal considers
(a) the person has an intellectual disability but does not
have a dual disability; or
(b) the person has a dual disability but does not require
involuntary treatment and care for the persons mental
illness.
(3) On the making of the forensic order under subsection (1) or
(2), the forensic order (Criminal Code) ends.
462 Application of ch 5 provisions

For making a forensic order (mental health) or forensic order
(disability) under section 461, section 135 and chapter 5, part
4, division 2, subdivision 2 apply as if
the forensic order (Criminal Code).
2016 Act No. 5 Page 333

[s 463]
Part 5 Review of treatment support

orders

In this part
applicant review, of a treatment support order, see section
465(2).
periodic review, of a treatment support order, see section
465(1).
review, of a treatment support order, means any of the
following
(a) a periodic review of the order;
(b) an applicant review of the order;
(c) a tribunal review of the order.
tribunal review, of a treatment support order, see section
465(3) and (4).

a treatment support order, the tribunal must have regard to the
following
(a) the relevant circumstances of the person subject to the
order;
(b) the nature of the relevant unlawful act and the period of
time that has passed since the act happened;
(c) any victim impact statement given to the tribunal under
section 155 or 742 relating to the relevant unlawful act;
Page 334 2016 Act No. 5

[s 465]
(d) if the order was made because a forensic order (mental

health) for the person was revoked and the Mental
Health Court made a recommendation in the forensic
order about an intervention program for the personthe
persons willingness to participate in the program if
offered to the person.
Note
See section 450 for when the tribunal, on deciding to revoke a forensic
order (mental health) for a person, may make a treatment support order
for the person.
Examples of decisions in relation to a review of a treatment support
order
deciding whether to confirm or revoke the order
deciding whether to confirm or change the category of the order
community
order is subject or to impose a condition on the order

conducted

(1) The tribunal must review (a periodic review) a treatment
support order
(a) within 6 months after the order is made; and
(2) Also, the tribunal must review (an applicant review) a
treatment support order on application by
(a) the person subject to the order; or
2016 Act No. 5 Page 335
[s 466]

paragraph (a); or
review (a tribunal review) a treatment support order.
the amendment of a treatment support order, the tribunal must
review (also a tribunal review) the order within 14 days after
receiving the notice.

review) of a treatment support order has been completed
within 6 months before a periodic review (the next
scheduled review) of the order must be conducted under
section 465(1)(a) or (b); and
the treatment support order to be conducted within 6 months
after the previous review was completed.
467 Requirement to conduct periodic review suspended

(1) This section applies if a person who is subject to a treatment
support order is transferred to an interstate mental health
service under part 10, division 2.
(2) While the interstate mental health service is responsible for
the person, the tribunal is not required to conduct a periodic
review of the treatment support order under section 465(1).
Page 336 2016 Act No. 5
[s 468]

The tribunal must not conduct a review of a treatment support
order if
tribunals decision on a review of the order is pending;
and
of the order.

(1) This section applies to a tribunal review of a treatment support
order mentioned in section 465(4), if the tribunal receives
written notice under section 217(5) of the amendment of the
order.

hearings

(1) An application for an applicant review of a treatment support
order must state the orders sought by the applicant.
(2) An order sought must be an order mentioned in division 4.

notice of the hearing of a review of a treatment support
order
(a) the person subject to the order;
2016 Act No. 5 Page 337

[s 472]

responsible for the person;
(d) the chief psychiatrist.
category of the treatment support order as inpatient; or
472 Decisions
(1) On a periodic review of a treatment support order, the tribunal
must decide to
(a) confirm the order; or
(b) revoke the order.
Notes
1 See subdivision 2 for the orders the tribunal may make if it confirms
the order.
2 See subdivision 3 for the orders the tribunal may make if it revokes
the order.
(2) On an applicant review of a treatment support order, the
tribunal
Page 338 2016 Act No. 5

[s 473]

applicant; and
appropriate.
(3) On a tribunal review of a treatment support order, the
tribunal
appropriate.
473 Requirement to confirm treatment support order

(1) On a review of a treatment support order, the tribunal must
confirm the order if the tribunal considers the order is
necessary, because of the persons mental condition, to protect
the safety of the community, including from the risk of serious
harm to other persons or property.
(2) Also, the tribunal must confirm the treatment support order
if
person; and
(b) the person has not been found fit for trial on a review of
the persons fitness for trial under chapter 12, part 6; and
(c) the proceeding for the relevant offence has not been
discontinued under section 490 or 491.
Subdivision 2 Confirmation of treatment support

orderrelated orders

This subdivision applies if, on a review of a treatment support
order, the tribunal confirms the order.
2016 Act No. 5 Page 339
[s 475]
475 Change of category to community

If the category of the treatment support order is inpatient, the
tribunal must change the category of the order to community
unless the tribunal considers that 1 or more of the following
can not reasonably be met if the category of the order is
community
476 Community categorydeciding whether authorised

doctor may reduce treatment in community
(a) the category of the treatment support order is
community; or
(b) the tribunal changes the category of the treatment
support order to community under section 475.
(2) The tribunal must decide whether an authorised doctor may,
under section 216(1), amend the persons treatment support
order to reduce the extent of treatment in the community
received by the person.
477 Inpatient categorylimited community treatment

(1) This section applies if the category of the treatment support
order is inpatient.
(2) The tribunal may approve limited community treatment, or an
extension of limited community treatment, for the person.
(3) In deciding whether to approve or extend limited community
treatment under subsection (2), the tribunal must have regard
to the purpose of limited community treatment.
(4) If the tribunal approves or extends limited community
treatment under subsection (2), the tribunal must also decide
Page 340 2016 Act No. 5
[s 478]
whether an authorised doctor may, under section 216(1),

amend the persons treatment support order to reduce the
478 Conditions
(a) change or remove a condition to which the treatment
support order is subject; or
(b) impose a condition on the treatment support order.
(2) Without limiting subsection (1), the tribunal may impose a
treatment support order that requires the person to take a
particular medication or a particular dosage of a medication.
479 Transfer to another authorised mental health service

(1) The tribunal may order the persons transfer to another
authorised mental health service to provide treatment and care
for the person.
(2) In deciding whether to order the persons transfer under
subsection (1), the tribunal must have regard to the
following
(c) the security requirements for the person;
(d) the capacity of the authorised mental health service to
which the person is to be transferred;
(e) whether the transfer would be in the best interests of the
2016 Act No. 5 Page 341

[s 480]
480 Change of category to inpatient

(1) This section applies if the category of the treatment support
order is community.
(2) The tribunal may change the category of the order to inpatient,
but only if the tribunal considers it is reasonably necessary for
an authorised doctor to examine the person in order to review
the persons treatment and care needs.
Note
Under section 216, the authorised doctor who examines the person may
change the nature or extent of the persons treatment in the community.
(3) If the tribunal changes the category of the treatment support
order under this section to inpatient, the tribunal may
authorise an authorised person to transport the person to an
inpatient unit of a stated authorised mental health service.
person to an inpatient unit of the stated authorised mental
health service.
Note
481 Other orders

appropriate.
Subdivision 3 Revocation of treatment support

orderrelated orders

This subdivision applies if the tribunal decides to revoke the
Page 342 2016 Act No. 5
[s 483]
483 Making of treatment authority or no further order

(a) make no further order for the person; or
(b) make a treatment authority for the person.
(2) The tribunal may make a treatment authority for the person
under subsection (1)(b) only on the recommendation of an
authorised psychiatrist who considers, after examining the
person, that
(3) The treatment authority must state the following
(a) the category of the authority;
(b) the authorised mental health service responsible for the
person;
(c) the nature and extent of any limited community
treatment the person is to receive;
(d) any conditions the tribunal considers necessary for the
persons treatment and care, other than a condition
requiring the person to take a particular medication or a
particular dosage of a medication.
(4) The tribunal may decide the category of the treatment
authority is inpatient only if the tribunal is satisfied that 1 or
more of the following can not reasonably be met if the
category of the authority is community
(5) In deciding the nature and extent of any limited community
treatment under subsection (3)(c), the tribunal must have
regard to the purpose of limited community treatment.
2016 Act No. 5 Page 343
[s 484]
(6) If the tribunal decides the category of the treatment authority

is community, the tribunal must decide whether an authorised
doctor may, at a future time, reduce the extent of treatment in
the community received by the person.
(7) The treatment authority is taken to be a treatment authority
made under section 49 by the authorised psychiatrist
(8) Sections 53 and 59 apply to the treatment authority as if a
reference in the sections to the authorised doctor were a
reference to the authorised psychiatrist mentioned in
subsection (2).
(9) As soon as practicable after the treatment authority is made,
the authorised psychiatrist mentioned in subsection (2) must
decide the nature and extent of the treatment and care to be
provided to the person under the authority.
Division 1 Review

This division applies to a person charged with an offence if
person; and
(b) the person has not been found fit for trial; and
(c) the proceeding against the person for the offence has not
been discontinued under this Act or otherwise.
Page 344 2016 Act No. 5

[s 485]
485 Meaning of finding of unfitness

For this division, a finding of unfitness is made in relation to
a person if
(a) on a reference in relation to the person, the Mental
Health Court decides under section 118 the person is
unfit for trial and the unfitness for trial is not permanent;
or
Note
Under section 132, the Mental Health Court must make a
forensic order (mental health), forensic order (disability) or
treatment support order for the person.
(b) on the trial of the person for an indictable offence, a jury
makes a section 613 finding or section 645 finding in
relation to the person.

(1) The tribunal must review the persons fitness for trial
(a) for the period of 1 year starting on the day the finding of
unfitness is madeat intervals of not more than 3
months; and
(b) after the period mentioned in paragraph (a) has
endedat intervals of not more than 6 months after the
last review under paragraph (a) is completed.
(2) Also, the tribunal must review the persons fitness for trial on
application by
(a) the person; or
paragraph (a); or
(c) the chief psychiatrist; or
(d) the director of forensic disability.
review the persons fitness for trial.
2016 Act No. 5 Page 345
[s 487]

notice of the hearing of a review of the persons fitness for
trial
(a) the person;
(b) for a review under section 486(2), if the person is not the
the person
person
488 Decisions on review

(1) On the hearing of the review, the tribunal must consider the
persons mental state and decide whether the person is fit for
trial.
(2) If, on the last review conducted under section 486(1)(a), or on
a review conducted under section 486(1)(b), the tribunal
decides the person is unfit for trial, the tribunal must also
decide whether the person is likely to be fit for trial in a
reasonable time.
Page 346 2016 Act No. 5

[s 489]
Division 2 Procedures following review if

person unfit for trial

This division applies if, on a review under division 1 of the
fitness for trial of a person charged with an offence (the
relevant offence), the tribunal decides the person is unfit for
trial.
490 Director of public prosecutions to decide whether

proceeding to be discontinued
The director of public prosecutions must
(a) within 28 days after receiving written notice of the
tribunals decision, decide whether to discontinue the
proceeding against the person for the relevant offence;
and
Note
The tribunal must give the director of public prosecutions
written notice of the tribunals decision. See section 755(3).
(b) within 7 days after making the decision under paragraph
(a), give the tribunal written notice of the decision.
491 Proceeding discontinued at end of prescribed period

(1) The proceeding against the person for the relevant offence is
discontinued at the end of the prescribed period if
(a) the director of public prosecutions has not decided
under section 490 to discontinue the proceeding; or
(b) the tribunal has not decided the person is fit for trial.
(2) For subsection (1), the prescribed period is
(a) for a proceeding for an offence for which the person is
liable to life imprisonment7 years from the day the
finding of unfitness was made; or
2016 Act No. 5 Page 347
[s 492]
(b) for a proceeding for another offence3 years from the

day the finding of unfitness was made.
(3) In calculating the prescribed period, the following periods
must be disregarded
(a) a period for which the person is a patient required to
return;
(b) a period for which the Forensic Disability Act, section
113 applies to the person.
492 Effect of discontinuing proceeding

(1) This section applies if the proceeding against the person for
the relevant offence is discontinued
(a) by the director of public prosecutions under section 490;
or
(b) under section 491.
(2) The director of public prosecutions must, within 7 days after
the proceeding is discontinued, give each of the following
persons written notice of the discontinuance of the
proceeding
(a) the person;
(b) the registrar of the court in which the proceeding for the
relevant offence was being conducted;
(c) if the director of public prosecutions was not the
prosecuting authority for the relevant offencethe
prosecuting authority for the relevant offence;
(d) the tribunal;
(e) if an authorised mental health service is responsible for
the personthe chief psychiatrist;
(f) if the forensic disability service is responsible for the
personthe director of forensic disability;
(g) the Attorney-General.
Page 348 2016 Act No. 5

[s 493]
(3) The person can not be prosecuted again for the relevant
offence.
(4) Despite the discontinuance of the proceeding, the forensic
order or treatment support order to which the person is subject
continues in force.
Note
If the proceeding against the person for the offence is discontinued other
than under section 490 or 491, the order to which the person is subject
ends. See section 154.
493 Proceeding may be discontinued at other time

Nothing in this division prevents the proceeding against the
person for the relevant offence being discontinued at any time,
other than under section 490 or 491.
Division 3 Procedures following review if

person fit for trial

This division applies if, on a review under division 1 of the
fitness for trial of a person charged with an offence (the
relevant offence), the tribunal decides the person is fit for
trial.
495 Definitions for div 3

In this division
relevant court means the court in which the proceeding for
the relevant offence has been brought.
relevant offence see section 494.
2016 Act No. 5 Page 349

[s 496]
496 Director of public prosecutions to give notice of fitness

for trial
The director of public prosecutions must, within 7 days after
receiving written notice of the tribunals decision, give written
notice of the tribunals decision to
(a) the registrar of the relevant court; and
(b) if the director of public prosecutions is not the
prosecuting authority for the relevant offencethe
prosecuting authority for the relevant offence.
Note
The tribunal must give the director of public prosecutions
written notice of the tribunals decision. See section 755(3).
497 Listing proceeding for mention

(1) The registrar of the relevant court must arrange for the
proceeding for the relevant offence to be listed for mention
(a) within 7 days after being notified of the tribunals
decision; or
(b) if the court can not be constituted within the period
mentioned in paragraph (a)at the earliest opportunity
after the end of that period.
(2) On the persons appearance at the mention of the proceeding,
the forensic order or treatment support order to which the
person is subject ends.
(3) An authorised person may transport the person from the
authorised mental health service in which the person is being
detained to the relevant court for the persons appearance at
the mention of the proceeding.
Note
(4) However, subsection (3) does not prevent the person
appearing at the mention of the proceeding by remote
Page 350 2016 Act No. 5
[s 498]
conferencing while remaining at the authorised mental health

service.
(5) The person may be detained at the authorised mental health
service until
(a) the person leaves the service to appear at the mention of
the proceeding; or
(b) if the person appears at the mention of the proceeding
by remote conferencing while remaining at the
servicethe person is taken into custody.
(6) In this section
mention includes review.
Part 7 Review of detention of minors

in high security units
This part applies if the chief psychiatrist approves
(a) under section 70, that the administrator of a high
security unit may give consent for a minor to be
transported to the high security unit for assessment,
treatment and care; or
(b) under section 351, the transfer of responsibility for a
minor to a high security unit.
Note
The administrator of the high security unit must give the tribunal written
notice of the minors admission, or transfer, to the high security unit.
See sections 77 and 358.
2016 Act No. 5 Page 351

[s 499]

(1) The tribunal must review the minors detention in the high
security unit
(a) within 7 days after the tribunal is notified of the chief
psychiatrists approval; and
(2) Also, the tribunal must review the minors detention in the
high security unit on application by
(a) the minor; or
(b) an interested person for the minor.
review the minors detention in the high security unit.

notice of the hearing of a review of the minors detention in
the high security unit
(a) the minor;
(b) for a review under section 499(2), if the minor is not the
(c) the administrator of the high security unit;
(d) the chief psychiatrist.
Note
See section 287(5) for when the notice may be given to the minors
parent as well as, or instead of, the minor.
(3) However, subsection (2) does not apply for the first review of
the minors detention.
Page 352 2016 Act No. 5

[s 501]
501 Decision on review

(1) On a review of the minors detention in the high security unit,
the tribunal must decide whether
(a) the minor should continue to be detained in the high
security unit; or
(b) responsibility for the minor should be transferred from
the high security unit to an authorised mental health
service that is not a high security unit.
(2) In deciding the review, the tribunal must have regard to the
following
(c) the minors security requirements.
Part 8 Applications for examination

authorities
502 Application for examination authority

(1) The following persons may apply to the tribunal for an
authority (an examination authority) for another person
(b) a person authorised in writing by the administrator of an
authorised mental health service to make an application
under this section;
(c) a person who has received advice, from a doctor or
authorised mental health practitioner, about the clinical
matters for the person who is the subject of the
application.
2016 Act No. 5 Page 353

[s 503]
Note
See section 32 for the powers of a doctor or authorised mental health
practitioner under an examination authority.
(2) The approved form for the application must include a
statement by a doctor or authorised mental health practitioner
about whether the behaviour of the person, or other relevant
factors, could reasonably be considered to satisfy the
requirements under section 504(2) for making an examination
authority for the person.
Note
The application must be made in the approved form. See section 725.
(3) In this section
clinical matters, for a person, means
(a) general information about the treatment criteria, their
application to the person, and whether there is a less
restrictive way for the person to receive treatment and
care for the persons mental illness; and
(b) whether the behaviour of the person, or other relevant
factors, could reasonably be considered to satisfy the
requirements under section 504(2) for making an
examination authority for the person; and
(c) options for the treatment and care of the person; and
(d) how the person might be encouraged to seek voluntary
treatment and care.

(1) The tribunal must give the applicant written notice of the
hearing of the application.
(2) The notice must be given
(a) at least 3 days before the hearing; or
(b) if the applicant agrees to a shorter period before the
hearingat least the agreed period before the hearing.
Page 354 2016 Act No. 5
[s 504]

(1) In deciding the application, the tribunal must issue, or refuse
to issue, an examination authority for the person.
(2) However, the tribunal may issue an examination authority for
the person only if the tribunal considers
(a) the person has, or may have, a mental illness; and
(b) the person does not, or may not, have capacity to
consent to be treated for the mental illness; and
(c) either
(i) reasonable attempts have been made to encourage
the person to be treated voluntarily for the persons
mental illness; or
(ii) it is not practicable to attempt to encourage the
person to be treated voluntarily for the persons
mental illness; and
(d) there is, or may be, an imminent risk, because of the
persons mental illness, of
(i) serious harm to the person or someone else; or
(ii) the person suffering serious mental or physical
deterioration.
(3) An examination authority must
(b) state the authorised mental health service responsible
for the examination of the person under the authority.
505 Duration of examination authority

An examination authority is in force for 7 days after the day it
is issued.
2016 Act No. 5 Page 355

[s 506]
506 Copy of examination authority to be given to

administrator of authorised mental health service
The tribunal must give a copy of an examination authority to
the administrator of the authorised mental health service
stated in the authority.
Part 9 Applications for approval of

regulated treatment
507 Who may apply

A doctor may apply to the tribunal for approval to perform
electroconvulsive therapy on another person if the doctor is
satisfied
(a) the person is an adult and is unable to give informed
consent to the therapy; or
(b) the person is a minor.

the hearing of the application
(a) the person the subject of the application;
(b) the applicant;
identified in the application as the service in which the
electroconvulsive therapy is to be performed.
Page 356 2016 Act No. 5

[s 509]
(a) if a certificate under section 237(3) is in force for the

person
(i) at least 3 days before the hearing; or
(ii) if the person, or an interested person for the person,
agrees to a shorter period before the hearingat
least the agreed period before the hearing; or
(b) otherwise
(ii) if the person, or an interested person for the person,
agrees to a shorter period before the hearingat
least the agreed period before the hearing.

(1) In deciding the application, the tribunal must give, or refuse to
give, approval for electroconvulsive therapy to be performed
on the person.
(2) In deciding whether to give, or refuse to give, the approval,
the tribunal must have regard to
(a) if the application relates to an adult who is unable to
give informed consent to the therapyany views,
wishes and preferences the adult has expressed about the
therapy in an advance health directive; or
(b) if the application relates to a minor
(i) the views of the minors parents; and
(ii) the views, wishes and preferences of the minor.
(3) The tribunal may give the approval only if the tribunal is
satisfied
(a) the performance of the therapy on the person is in the
persons best interests; and
(b) evidence supports the effectiveness of the therapy for
the persons particular mental illness; and
2016 Act No. 5 Page 357

[s 510]
(c) if the therapy has previously been performed on the

personof the effectiveness of the therapy for the
person; and
(d) if the person is a minorevidence supports the
effectiveness of the therapy for persons of the minors
age.
(4) If the tribunal gives the approval, the approval
(a) must state the number of treatments that may be
performed in a stated period under the approval; and
(b) may be made subject to the conditions the tribunal
Division 2 Non-ablative neurosurgical

procedures
510 Who may apply

(1) A doctor may apply to the tribunal for approval to perform a
non-ablative neurosurgical procedure on another person if the
doctor is satisfied the person has given informed consent to
the treatment under chapter 7, part 10.
(2) The application must be accompanied by a copy of the
persons consent.

the hearing of the application
(a) the person the subject of the application;
(b) the applicant;
identified in the application as the service in which the
non-ablative neurosurgical procedure is to be
performed.
Page 358 2016 Act No. 5
[s 512]

(1) In deciding the application, the tribunal must give, or refuse to
give, approval for the non-ablative neurosurgical procedure to
be performed on the person.
(2) The tribunal may give the approval only if the tribunal is
satisfied
(a) the applicant has given the person the explanation
required under section 234; and
(b) the person has given informed consent to the procedure
under chapter 7, part 10; and
(c) the procedure has clinical merit and is appropriate in the
circumstances; and
(d) alternatives to the procedure that could reasonably be
expected to produce a sufficient and lasting benefit for
the person have previously been provided to the person
without a sufficient and lasting benefit; and
(e) the procedure is to be performed by an appropriately
qualified person.
(3) The tribunal may give the approval subject to the conditions
the tribunal considers appropriate.
2016 Act No. 5 Page 359

Part 10 Applications for approval to transfer particular persons into and out of Queensland
[s 513]
Part 10 Applications for approval to

transfer particular persons into
and out of Queensland
Division 1 Transfers into Queensland

In this division
interstate forensic order means an order made under a
corresponding law of another State, however described, that
provides for similar matters to a forensic order (mental health)
or forensic order (disability).
interstate transfer requirements, for a person subject to an
interstate forensic order, means the requirements, under the
corresponding law of the State in which the order was made,
for the persons transfer to another State.
514 Who may apply

A person subject to an interstate forensic order, or an
interested person for the person, may apply to the tribunal for
approval of the transfer of the person from an interstate
mental health service to
(a) a stated authorised mental health service; or
(b) the forensic disability service.
515 Requirements for application

(a) state the reasons why the transfer would be in the best
interests of the person, including, for example, closer
proximity to the persons family, carers and other
Page 360 2016 Act No. 5
[s 516]
(b) state
(i) the authorised mental health service proposed to be
responsible for the person; or
(ii) that the forensic disability service is proposed to be
responsible for the person; and
(c) include a written statement from the relevant person that
the relevant person considers the interstate transfer
requirements for the person may be satisfied.
(2) In this section
relevant person means
(a) if an authorised mental health service is proposed to be
responsible for the personthe chief psychiatrist; or
(b) if the forensic disability service is proposed to be
responsible for the personthe director of forensic
disability.

notice of the hearing of the application
(a) the person;
(b) if the person is not the applicantthe applicant;
(c) if an authorised mental health service is stated in the
application
(d) if the forensic disability service is stated in the
application
2016 Act No. 5 Page 361

[s 517]

(1) In deciding the application, the tribunal must approve, or
refuse to approve, the transfer.
(2) The tribunal may approve the transfer only if satisfied
including, for example, closer proximity to the persons
family, carers and other support persons; and
(b) either
(i) if an authorised mental health service is stated in
the applicationappropriate treatment and care is
available for the person at the service; or
(ii) if the forensic disability service is stated in the
applicationappropriate care is available for the
person at the forensic disability service; and
(c) a forensic order (mental health) or forensic order
(disability) is necessary, because of the persons mental
condition, to protect the safety of the community,
including from the risk of serious harm to other persons
or property.
518 Making of forensic order

(1) If the tribunal approves the transfer under section 517, the
tribunal must make a forensic order (mental health) for the
person unless subsection (2) applies.
(2) The tribunal must make a forensic order (disability) for the
person if the tribunal considers
(a) the person has an intellectual disability but does not
have a dual disability; or
Page 362 2016 Act No. 5
[s 519]
(b) the person has a dual disability but does not require
involuntary treatment and care for the persons mental
illness.
(3) The forensic order (mental health) or forensic order
(disability) takes effect when the person arrives in
Queensland.
(4) For making a forensic order (mental health) or forensic order
(disability) under this division, section 135 and chapter 5, part
4, division 2, subdivision 2 apply as if
the interstate forensic order.
519 When approval takes effect

An approval of a transfer under this division takes effect when
the interstate transfer requirements for the person have been
satisfied.
520 Transport of person

(a) the tribunal has approved the transfer of a person under
this division; and
(b) the interstate transfer requirements for the person have
been satisfied.
(2) As soon as practicable after the interstate transfer
requirements have been satisfied, the administrator of the
authorised mental health service, or of the forensic disability
service, must arrange for the person to be transported to the
service by 1 of the following persons (each a transport
officer)
(a) an authorised person;
2016 Act No. 5 Page 363
[s 521]
Note
(b) if the person is to be transported to the forensic
disability servicean authorised practitioner under the
Forensic Disability Act;
(c) a person who is authorised under a corresponding law to
transport the person from the interstate mental health
service to the authorised mental health service or the
(3) A transport officer may transport the person to the authorised
mental health service or the forensic disability service under
the tribunals approval.
Division 2 Transfers out of Queensland

In this division
interstate transfer requirements, for a person subject to a
forensic order (mental health), forensic order (disability) or
treatment support order, means the requirements, under the
corresponding law of another State, for the persons transfer to
the other State.
522 Who may apply

(1) A person subject to a forensic order (mental health), forensic
order (disability) or treatment support order, or an interested
person for the person, may apply to the tribunal for approval
of the transfer of the person from an authorised mental health
service or the forensic disability service to a stated interstate
(2) However, this section does not apply to
(a) a person who is a classified patient; or
Page 364 2016 Act No. 5
[s 523]
(b) a person whom the Mental Health Court has decided is

unfit for trial and the unfitness for trial is not permanent.
523 Requirements for application

(a) state the reasons why the transfer would be in the best
interests of the person, including, for example, closer
proximity to the persons family, carers and other
(b) include a written statement from the relevant person that
the relevant person considers the interstate transfer
requirements for the person may be satisfied.
(2) In this section

notice of the hearing of the application
(a) the person;
the person
person
2016 Act No. 5 Page 365
[s 525]


(1) In deciding the application, the tribunal must approve, or
refuse to approve, the transfer.
(2) The tribunal may approve the transfer only if satisfied
including, for example, closer proximity to the persons
family, carers and other support persons; and
person at the interstate mental health service; and
(c) the arrangements are adequate to protect the safety of
the community.
526 When approval takes effect

An approval of a transfer under this division takes effect when
the interstate transfer requirements for the person have been
satisfied.
527 Transport of person

(a) the tribunal has approved the transfer of a person under
this division; and
(b) the interstate transfer requirements for the person have
been satisfied.
(2) As soon as practicable after the interstate transfer
requirements have been satisfied, the administrator of the
Page 366 2016 Act No. 5
[s 528]
authorised mental health service, or of the forensic disability

service, must arrange for the person to be transported to the
interstate mental health service by 1 of the following persons
(each a transport officer)
(a) an authorised person;
Note
(b) if the person is to be transported from the forensic
disability servicean authorised practitioner under the
Forensic Disability Act;
(c) a person who is authorised under a corresponding law to
transport the person from the authorised mental health
service or the forensic disability service to the interstate
(3) A transport officer may transport the person to the interstate
mental health service under the tribunals approval.
528 Effect on order

(1) This section applies to a forensic order (mental health),
forensic order (disability) or treatment support order to which
a person is subject when the person is transferred to an
interstate mental health service under this division.
(2) The order has effect only if the person returns to Queensland
and while the person is in Queensland.
(3) Also, the order ends
(a) on the last day of any non-revocation period for the
order if, on that day, the person has been out of
Queensland for a continuous period of 3 years; or
(b) if paragraph (a) does not applyif the person is out of
Queensland for a continuous period of 3 years.
(4) In this section
2016 Act No. 5 Page 367

Chapter 13 Appeals
Part 1 Preliminary
[s 529]
out of Queensland, in relation to a person, means out of

Queensland because of the persons transfer under this
division to an interstate mental health service.
529 Relationship with ch 16, pt 2

To the extent of any inconsistency with chapter 16, part 2, this
chapter prevails.
530 Use of victim impact statement by tribunal

(1) This section applies if the tribunal is required to have regard to
a victim impact statement in deciding a matter under this
chapter.
(2) The tribunal may place the weight on the victim impact
statement that it considers appropriate.
Chapter 13 Appeals
Part 1 Preliminary
This chapter provides for the following
(a) appeals to the tribunal;
(b) appeals to the Mental Health Court against a decision of
the tribunal;
Page 368 2016 Act No. 5

Chapter 13 Appeals
[s 532]
(c) appeals to the Court of Appeal against a decision of the


In this part
decision notice means a notice about a decision given under
section 314(4), 315(3), 319(7), 321(7), 322(3), 323(4) or
408(3).
Note
A decision to which a notice under section 319(7), 321(7), 322(3) or
323(4) relates may be made in relation to a forensic disability client. See
section 327.
party, to an appeal, means
(a) for an appeal against a decision of the administrator of
an authorised mental health servicethe appellant or
the administrator; or
(b) for an appeal against a decision of the chief
psychiatristthe appellant or the chief psychiatrist; or
(c) for an appeal against a decision of the director of
forensic disabilitythe appellant or the director.
533 Appeal to tribunal

A person who has been given, or is entitled to be given, a
decision notice may appeal to the tribunal against the decision
to which the notice relates.
534 How to start appeal

(1) The appeal is started by giving the tribunal a notice of appeal.
2016 Act No. 5 Page 369
Chapter 13 Appeals
[s 535]
(2) The notice of appeal must be given within 28 days after

(a) the day the person is given the decision notice; or
(b) if the person is not given a decision noticethe day the
person otherwise becomes aware of the decision.
(3) The tribunal may, at any time, extend the time for giving the
notice of appeal.
(4) The notice of appeal must
(b) state fully the grounds of the appeal and the facts relied
on.
535 Notice of appeal and hearing

(1) The tribunal must give the parties to the appeal written notice
of the hearing of the appeal.
(a) for an appeal against a decision for which a decision
notice must be given under section 314(4) or 315(3)
(ii) if the appellant agrees to a shorter period before the
hearingat least the agreed period before the
hearing; or
(b) for an appeal against another decisionat least 7 days
before the hearing.
(a) the time and place of the hearing of the appeal;
Page 370 2016 Act No. 5

Chapter 13 Appeals
[s 536]
536 Stay of decision pending appeal

(1) The tribunal may stay the decision appealed against to secure
the effectiveness of the appeal.
(2) A stay
(a) may be given on the reasonable conditions the tribunal
considers appropriate; and
(b) operates for the period fixed by the tribunal; and
(c) may be amended or revoked by the tribunal.
(3) The period of a stay must not extend past the time when the
appeal is decided.
(4) A notice of appeal affects the decision the subject of the
notice, or the carrying out of the decision, only if the decision
is stayed.
537 Appeal powers

(1) The procedure for the appeal is in accordance with the
tribunal rules or, if the rules make no provision or insufficient
provision, as directed by the tribunal.
(2) The appeal is by way of rehearing.
(3) In deciding the appeal, the tribunal may
(a) confirm the decision appealed against; or
(b) set aside the decision appealed against and substitute
another decision; or
(c) set aside the decision appealed against and return the
matter to the person who made the decision with the
directions the tribunal considers appropriate.
(4) If the tribunal substitutes another decision, the substituted
decision is for this Act, other than this chapter, taken to be the
decision of the person who made the decision appealed
against.
2016 Act No. 5 Page 371

Chapter 13 Appeals
[s 538]

In this part
party, to an appeal against a decision, means a person who is a
party to the appeal under section 540.
Division 2 Making and hearing appeals
539 Who may appeal

A person mentioned in schedule 2, column 2 may appeal to
the Mental Health Court against a decision of the tribunal
mentioned opposite the person in schedule 2, column 1.
540 Parties to appeal

(1) Each person entitled to appeal against the decision is a party
to the appeal.
(2) However, if the person is entitled to appeal against the
decision only because the person is an interested person for a
person who is the subject of the decision, the person is not a
party to the appeal.
(3) If subsection (2) applies, the person who is the subject of the
decision is taken to be a party to the appeal.
(4) Also, unless the chief psychiatrist is the appellant, the chief
psychiatrist is a party to the appeal only if the chief
psychiatrist elects to be a party to the appeal.
(5) Further, unless the director of forensic disability is the
appellant, the director of forensic disability is a party to the
Page 372 2016 Act No. 5

Chapter 13 Appeals
[s 541]
appeal only if the director of forensic disability elects to be a

party to the appeal.

(1) The appeal is started by filing a notice of appeal in the
registry.
(2) The notice of appeal must be filed
(a) if the chief psychiatrist is the appellantwithin 60 days
after the decision is made; or
(b) if paragraph (a) does not applywithin 60 days after
the appellant receives written notice of the decision.
(3) The Mental Health Court may, at any time, extend the time for
filing the notice of appeal.
on.
542 Frivolous or vexatious appeal

(1) The Mental Health Court may dismiss the appeal if the court
is satisfied the appeal is frivolous or vexatious.
(2) The court may dismiss an appeal under this section without a
hearing.
543 Notice of appeal and hearing

(1) Within 7 days after the notice of appeal is filed, the registrar
must give written notice of the appeal to each other person
entitled to appeal against the decision, other than an interested
person for the person the subject of the decision.
(2) The registrar must also give at least 7 days written notice of
the hearing of the appeal to
2016 Act No. 5 Page 373
Chapter 13 Appeals
[s 544]
(a) the parties to the appeal; and

the person the subject of the appealthe administrator
of the service; and
person the subject of the appealthe administrator of
the service.
(3) The notice of the hearing of the appeal must state the
following
(a) the time and place of the hearing of the appeal;
544 Stay of decision pending appeal

(1) The Mental Health Court may stay the decision appealed
against to secure the effectiveness of the appeal.
(2) A stay
(a) may be given on the conditions the court considers
appropriate; and
(b) operates for the period fixed by the court; and
(c) may be amended or revoked by the court.
(3) The period of a stay must not extend past the time when the
appeal is decided.
(4) The court may order that the person the subject of the appeal
be detained in a stated authorised mental health service for the
period of the stay.
Note
An order made under subsection (4) is a type of judicial order. A judicial
order does not authorise the provision of involuntary treatment and care
to the person.
Page 374 2016 Act No. 5

Chapter 13 Appeals
[s 545]

person to an inpatient unit of the authorised mental health
service stated in the order.
Note
stated in the order may detain the person in the service under
the order.
545 Notice of stay of decision on review of persons fitness

for trial
(a) the decision appealed against is a decision of the
tribunal on a review of a persons fitness for trial; and
(b) under section 544, the Mental Health Court stays the
decision.
(2) The registrar must give the chief executive (justice) written
notice of the stay of the decision.
subsection (2), the chief executive (justice) must give a copy
of the notice to
offence in relation to the review of the fitness for trial of
the person is to be heard; and
(b) the prosecuting authority for the offence; and
(c) if the person the subject of the decision is a child within
the meaning of the Youth Justice Act 1992the chief
executive (youth justice).
2016 Act No. 5 Page 375

Chapter 13 Appeals
[s 546]
546 Appeal powers

(1) The procedure for the appeal is in accordance with court rules
for the Mental Health Court or, if the rules make no provision
or insufficient provision, as directed by the Mental Health
Court.
(2) The appeal is by way of rehearing.
(3) In deciding the appeal, the Mental Health Court may
matter to the tribunal with the directions the Mental
Health Court considers appropriate.
(4) If the Mental Health Court substitutes another decision, the
substituted decision is taken for this Act, other than this
chapter, to be a decision of the tribunal.
547 Mental Health Court may make forensic order or

(a) the decision appealed against is a decision of the
tribunal that a person is fit for trial; and
Note
The tribunal may decide a person is fit for trial on a review under
chapter 12, part 6.
(b) the forensic order or treatment support order to which
the person was subject has ended under section 497(2);
and
(c) the Mental Health Court decides on the appeal that the
person is unfit for trial.
(2) The Mental Health Court may make the orders the court may
make under chapter 5, part 4 as if a reference in the part to a
Page 376 2016 Act No. 5
Chapter 13 Appeals
[s 548]
reference in relation to a person were a reference to an appeal

against a decision of the tribunal that a person is fit for trial.
548 Mental Health Courts decision final

(1) Unless the Supreme Court decides the Mental Health Courts
decision on the appeal is affected by jurisdictional error, the
decision
(a) is final and conclusive; and
(b) can not be challenged, appealed against, reviewed,
quashed, set aside or called in question in any other way
under the Judicial Review Act 1991 or otherwise
(whether by the Supreme Court, another court, a tribunal
or another entity); and
(c) is not subject to any declaratory, injunctive or other
order of the Supreme Court, another court, a tribunal or
another entity on any ground.
(2) The Judicial Review Act 1991, part 5 applies to the Mental
Health Courts decision to the extent it is affected by
jurisdictional error.
549 Who may appeal

The following persons may appeal to the Court of Appeal
against a decision of the Mental Health Court on a reference
in relation to a person
(a) the person;
(b) the Attorney-General;
(d) the director of forensic disability.
2016 Act No. 5 Page 377
Chapter 13 Appeals
[s 550]

(1) An appeal is started by filing a notice of appeal with the
registrar of the Court of Appeal.
(2) The notice of appeal must be filed within 28 days after the
appellant receives notice of the decision or otherwise becomes
aware of the decision.
(3) However, the Court of Appeal may at any time extend the
period for filing the notice of appeal.
on.
551 Appeal powers

(1) The procedure for the appeal is to be in accordance with court
rules for the Court of Appeal or, if the rules make no provision
or insufficient provision, as directed by the Court of Appeal.
(2) In deciding the appeal, the Court of Appeal may
matter to the Mental Health Court with the directions
the Court of Appeal considers appropriate.
(3) If the Court of Appeal substitutes another decision, the
substituted decision is taken for this Act, other than this
chapter, to be the decision of the Mental Health Court.
(4) If the Court of Appeal returns the matter to the Mental Health
Court, the Court of Appeal must order that
(a) either
Page 378 2016 Act No. 5

Chapter 13 Appeals
[s 552]
(i) the person be remanded in custody and any bail

granted under the Bail Act 1980 for the person be
revoked; or
(ii) bail be granted, enlarged or varied under the Bail
Act 1980 for the person; or
(b) the person be detained in a stated authorised mental
health service.
Note
An order made under paragraph (b) is a type of judicial order. A
judicial order does not authorise the provision of involuntary
treatment and care to the person.
(5) For subsection (4)(b), an authorised person may transport the
person to an inpatient unit of the authorised mental health
service stated in the order.
Note
(6) The person the subject of the reference may be detained under
the courts order in an inpatient unit of the authorised mental
health service stated in the order.
552 Notice of decision

The registrar of the Court of Appeal must give a copy of the
decision on the appeal to the registrar of the Mental Health
Court.
2016 Act No. 5 Page 379

Part 1 Preliminary
[s 553]
Chapter 14 Monitoring and

enforcement
Part 1 Preliminary
This purpose of this chapter is to provide for
(a) the appointment of inspectors; and
(b) the functions and powers of inspectors in relation to
(i) investigating, monitoring and enforcing
compliance with this Act; and
(ii) investigating a matter under chapter 10, part 4.

In this chapter
court means a Magistrates Court.
electronic document means a document of a type under the
Acts Interpretation Act 1954, schedule 1, definition document,
paragraph (c).
former owner see section 590(1).
general power see section 577(1).
help requirement see section 578(1).
identity card, for an inspector, means an identity card issued
under section 560(1).
information notice, about a decision, means a notice stating
the following
(a) the decision;
(b) the reasons for it;
Page 380 2016 Act No. 5

[s 555]
(c) that the person to whom the notice is given may apply to
the chief psychiatrist for a review of the decision within
28 days after the person receives the notice;
(d) how to apply for a review.
information requirement see section 597(3).
inspector means a person who holds office under this chapter
as an inspector.
offence warning, for a help requirement or personal details
requirement, means a warning that, without a reasonable
excuse, it is an offence for the person to whom the
requirement is made not to comply with it.
owner, of a thing that has been seized under this chapter,
includes a person who would be entitled to possession of the
thing had it not been seized.
personal details requirement see section 595(5).
person in control, of a thing, includes anyone who reasonably
appears to be, claims to be, or acts as if he or she is, the person
in possession or control of the thing.
reasonably suspects means suspects on grounds that are
Part 2 General provisions about

inspectors
Division 1 Appointment
555 Appointment and qualifications

(1) The chief psychiatrist may, by instrument in writing, appoint
any of the following persons as inspectors
2016 Act No. 5 Page 381

[s 556]
(a) a public service employee of the department;

(b) a health service employee;
(c) other persons prescribed by regulation.
(2) Also, the chief psychiatrist may, by instrument in writing,
appoint a health practitioner, lawyer or another person as an
inspector for investigating a matter under chapter 10, part 4.
(3) However, the chief psychiatrist may appoint a person as an
inspector under subsection (1) or (2) only if the chief
psychiatrist is satisfied the person is appropriately qualified.
(4) Also, the chief psychiatrist is an inspector.
556 Functions of inspectors

An inspectors functions are as follows
(a) for an inspector appointed under section 555(1)to
investigate, monitor and enforce compliance with this
Act;
(b) for an inspector appointed under section 555(1) or
(2)to investigate a matter under chapter 10, part 4;
(c) for the chief psychiatristeach of the functions
mentioned in paragraphs (a) and (b).
557 Appointment conditions and limit on powers

(1) An inspector holds office on any conditions stated in
(a) the inspectors instrument of appointment; or
(b) a signed notice given to the inspector; or
(c) a regulation.
(2) The instrument of appointment, a signed notice given to the
inspector or a regulation may limit the inspectors powers.
(3) In this section
signed notice means a notice signed by the chief psychiatrist.
Page 382 2016 Act No. 5
[s 558]
558 When office ends

(1) The office of a person as an inspector ends if any of the
following happens
(a) the term of office stated in a condition of office ends;
(b) under another condition of office, the office ends;
(c) the inspectors resignation under section 559 takes
effect.
(2) Subsection (1) does not limit the ways the office of a person as
an inspector ends.
(3) In this section
condition of office means a condition under which the
inspector holds office.
559 Resignation
An inspector may resign by signed notice given to the chief
psychiatrist.
560 Issue of identity card

(1) The chief psychiatrist must issue an identity card to each
inspector.
(2) The identity card must
(a) contain a recent photo of the inspector; and
(b) contain a copy of the inspectors signature; and
(c) identify the person as an inspector under this Act; and
(d) state an expiry date for the card.
(3) This section does not prevent the issue of a single identity
card to a person for this Act and other purposes.
2016 Act No. 5 Page 383

[s 561]
561 Production or display of identity card

(1) In exercising a power in relation to a person in the persons
presence, an inspector must
(a) produce the inspectors identity card for the persons
inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to
the person when exercising the power.
(2) However, if it is not practicable to comply with subsection (1),
the inspector must produce the identity card for the persons
inspection at the first reasonable opportunity.
(3) For subsection (1), an inspector does not exercise a power in
relation to a person only because the inspector has entered a
place as mentioned in section 565(1)(b) or (d).
562 Return of identity card

If the office of a person as an inspector ends, the person must
return the persons identity card to the chief psychiatrist
within 21 days after the office ends unless the person has a
reasonable excuse.
Division 3 Miscellaneous provisions
563 References to exercise of powers

If
(a) a provision of this chapter refers to the exercise of a
power by an inspector; and
(b) there is no reference to a specific power;
the reference is to the exercise of all or any inspectors powers
under this chapter or a warrant, to the extent the powers are
relevant.
Page 384 2016 Act No. 5
[s 564]
564 Reference to document includes reference to

reproductions from electronic document
A reference in this chapter to a document includes a reference
to an image or writing
(a) produced from an electronic document; or
(b) not yet produced, but reasonably capable of being
produced, from an electronic document, with or without
the aid of another article or device.
Division 1 Power to enter
565 General power to enter places

(1) An inspector may enter a place if
(a) an occupier of the place consents under division 2 to the
entry and section 568 has been complied with for the
occupier; or
(b) it is a public place and the entry is made when the place
is open to the public; or
(c) the entry is authorised under a warrant and, if there is an
occupier of the place, section 575 has been complied
with for the occupier; or
(d) it is an authorised mental health service or public sector
health service facility and is
(i) open to the public; or
(ii) otherwise open for entry.
(2) If the power to enter arose only because an occupier of the
place consented to the entry, the power is subject to any
2016 Act No. 5 Page 385
[s 566]
conditions of the consent and ceases if the consent is

withdrawn.
(3) If the power to enter is under a warrant, the power is subject to
the terms of the warrant.
Division 2 Entry by consent

This division applies if an inspector intends to ask an occupier
of a place to consent to the inspector or another inspector
entering the place under section 565(1)(a).
567 Incidental entry to ask for access

For the purpose of asking the occupier for the consent, an
inspector may, without the occupiers consent or a warrant
(a) enter land around premises at the place to an extent that
is reasonable to contact the occupier; or
(b) enter part of the place the inspector reasonably
considers members of the public ordinarily are allowed
to enter when they wish to contact an occupier of the
place.
568 Matters inspector must tell occupier

Before asking for the consent, the inspector must give a
reasonable explanation to the occupier
(a) about the purpose of the entry, including the powers
intended to be exercised; and
(b) that the occupier is not required to consent; and
(c) that the consent may be given subject to conditions and
may be withdrawn at any time.
Page 386 2016 Act No. 5

[s 569]
569 Consent acknowledgement

(1) If the consent is given, the inspector may ask the occupier to
sign an acknowledgement of the consent.
(2) The acknowledgement must state
(a) the purpose of the entry, including the powers to be
exercised; and
(b) the following has been explained to the occupier
(i) the purpose of the entry, including the powers
intended to be exercised;
(ii) that the occupier is not required to consent;
(iii) that the consent may be given subject to conditions
and may be withdrawn at any time; and
(c) the occupier gives the inspector or another inspector
consent to enter the place and exercise the powers; and
(d) the time and day the consent was given; and
(e) any conditions of the consent.
(3) If the occupier signs the acknowledgement, the inspector must
immediately give a copy to the occupier.
(4) If
(a) an issue arises in a proceeding about whether the
occupier consented to the entry; and
(b) a signed acknowledgement complying with subsection
(2) for the entry is not produced in evidence;
the entry to prove the occupier consented.
2016 Act No. 5 Page 387

[s 570]
Division 3 Entry under warrant
Subdivision 1 Obtaining warrant
570 Application for warrant

(1) An inspector may apply to a magistrate for a warrant for a
place.
(2) The inspector must prepare a written application that states
the grounds on which the warrant is sought.
(4) The magistrate may refuse to consider the application until the
inspector gives the magistrate all the information the
magistrate requires about the application in the way the
Example
The magistrate may require additional information supporting the
written application to be given by statutory declaration.
571 Issue of warrant

(1) The magistrate may issue the warrant for the place only if the
magistrate is satisfied there are reasonable grounds for
suspecting that there is at the place, or will be at the place
within the next 7 days, a particular thing or activity that may
provide evidence
(a) about a matter being investigated by the inspector under
chapter 10, part 4; or
(b) of an offence against this Act.
(a) the place to which the warrant applies; and
(b) that a stated inspector or any inspector may with
necessary and reasonable help and force
Page 388 2016 Act No. 5
[s 572]
(i) enter the place and any other place necessary for
entry to the place; and
(ii) exercise the inspectors powers; and
(c) particulars of the matter being investigated, or offence,
that the magistrate considers appropriate; and
(d) the name of the person involved in the matter being
investigated, or suspected of having committed the
offence, unless the name is unknown or the magistrate
considers it inappropriate to state the name; and
(e) the evidence that may be seized under the warrant; and
(f) the hours of the day or night when the place may be
entered; and
(g) the magistrates name; and
(h) the day and time of the warrants issue; and
(i) the day, within 14 days after the warrants issue, the
warrant ends.
572 Electronic application

(1) An application under section 570 may be made by phone, fax,
email, radio, videoconferencing or another form of electronic
communication if the inspector reasonably considers it
necessary because of
(b) other special circumstances, including, for example, the
inspectors remote location.
(2) The application
(a) may not be made before the inspector prepares the
written application under section 570(2); but
(b) may be made before the written application is sworn.
2016 Act No. 5 Page 389

[s 573]
573 Additional procedure if electronic application

(1) For an application made under section 572, the magistrate
may issue the warrant (the original warrant) only if the
magistrate is satisfied
(a) it was necessary to make the application under section
572; and
(b) the way the application was made under section 572 was
appropriate.
(a) if there is a reasonably practicable way of immediately
giving a copy of the warrant to the inspector, including,
for example, by sending a copy by fax or email, the
magistrate must immediately give a copy of the warrant
to the inspector; or
(b) otherwise
(i) the magistrate must tell the inspector the
information mentioned in section 571(2); and
(ii) the inspector must complete a form of warrant,
including by writing on it the information
mentioned in section 571(2) provided by the
magistrate.
(3) The copy of the warrant mentioned in subsection (2)(a), or the
form of warrant completed under subsection (2)(b) (in either
case the duplicate warrant), is a duplicate of, and as effectual
as, the original warrant.
(4) The inspector must, at the first reasonable opportunity, send to
the magistrate
(a) the written application complying with section 570(2)
and (3); and
(b) if the inspector completed a form of warrant under
subsection (2)(b), the completed form of warrant.
(5) The magistrate must keep the original warrant and, on
receiving the documents under subsection (4)
Page 390 2016 Act No. 5
[s 574]
(a) attach the documents to the original warrant; and

(b) give the original warrant and documents to the clerk of
the court of the relevant magistrates court.
(a) an issue arises in a proceeding about whether an
exercise of a power was authorised by a warrant issued
under this section; and
(b) the original warrant is not produced in evidence;
the exercise of the power to prove a warrant authorised the
exercise of the power.
(7) In this section
relevant magistrates court, in relation to a magistrate, means
the Magistrates Court that the magistrate constitutes under the
Magistrates Act 1991.
574 Defect in relation to a warrant

(1) A warrant is not invalidated by a defect in
(a) the warrant; or
(b) compliance with this subdivision;
unless the defect affects the substance of the warrant in a
(2) In this section
warrant includes a duplicate warrant mentioned in section
573(3).
2016 Act No. 5 Page 391

[s 575]
Subdivision 2 Entry procedure
575 Entry procedure

(1) This section applies if an inspector is intending to enter a
place under a warrant issued under subdivision 1.
(2) Before entering the place, the inspector must do or make a
reasonable attempt to do the following things
(a) identify himself or herself to a person who is an
occupier of the place and is present by producing the
inspectors identity card or another document
evidencing the inspectors appointment;
(b) give the person a copy of the warrant;
(c) tell the person the inspector is permitted by the warrant
to enter the place;
(d) give the person an opportunity to allow the inspector
immediate entry to the place without using force.
(3) However, the inspector need not comply with subsection (2) if
the inspector believes on reasonable grounds that entry to the
place without compliance is required to ensure the execution
of the warrant is not frustrated.
(4) In this section
warrant includes a duplicate warrant mentioned in section
573(3).
Page 392 2016 Act No. 5

[s 576]
Part 4 General powers of inspectors

after entering places
(1) The powers under this part may be exercised if an inspector
enters a place under section 565(1)(a), (c) or (d).
(2) However, if the inspector enters the place under section
565(1)(a) or (c), the powers under this part are subject to any
conditions of the consent or terms of the warrant.
577 General powers

(1) The inspector may do any of the following (each a general
power)
(a) search any part of the place;
(b) confer alone with a patient in the place;
(c) make inquiries about the admission, assessment,
examination, detention, or treatment and care, of a
patient in the place;
(d) inspect, examine or film any part of the place or
anything at the place, including, for example
(i) inspect any document (including a health record)
about a patient who
(A) has been, or is being, assessed or examined
in the place; or
(B) has received, or is receiving, treatment and
care in the place; and
(ii) inspect any record or register required to be kept
under this Act;
(e) take for examination a thing, or a sample of or from a
thing, at the place;
(f) place an identifying mark in or on anything at the place;
2016 Act No. 5 Page 393
[s 577]
(g) take an extract from, or copy, a document at the place, or

take the document to another place to copy;
(h) produce an image or writing at the place from an
electronic document or, to the extent it is not
practicable, take a thing containing an electronic
document to another place to produce an image or
writing;
(i) take to, into or onto the place and use any person,
equipment and materials the inspector reasonably
requires for exercising the inspectors powers under this
part;
(j) remain at the place for the time necessary to achieve the
purpose of the entry.
(2) The inspector may take a necessary step to allow the exercise
of a general power.
(3) If the inspector takes a document from the place to copy it, the
inspector must copy the document and return it to the place as
soon as practicable.
(4) If the inspector takes from the place an article or device
reasonably capable of producing a document from an
electronic document to produce the document, the inspector
must produce the document and return the article or device to
the place as soon as practicable.
(5) In this section
examine includes analyse, test, account, measure, weigh,
grade, gauge and identify.
film includes photograph, videotape and record an image in
another way.
inspect, a thing, includes open the thing and examine its
contents.
Page 394 2016 Act No. 5

[s 578]
578 Power to require reasonable help

(1) The inspector may make a requirement (a help requirement)
of an occupier of the place or a person at the place to give the
inspector reasonable help to exercise a general power,
including, for example, to produce a document or to give
information.
(2) When making the help requirement, the inspector must give
the person an offence warning for the requirement.
579 Offence to contravene help requirement

(1) A person of whom a help requirement has been made must
comply with the requirement unless the person has a
reasonable excuse.
(2) It is a reasonable excuse for an individual not to comply with
a help requirement if complying might tend to incriminate the
individual or expose the individual to a penalty.
(3) However, subsection (2) does not apply if a document or
information the subject of the help requirement is required to
be held or kept under this Act.
Part 5 Seizure by inspectors and

forfeiture
Division 1 Power to seize
580 Seizing evidence at a place that may be entered without

consent or warrant
An inspector who enters a place the inspector may enter under
section 565 without the consent of an occupier of the place
2016 Act No. 5 Page 395
[s 581]
and without a warrant may seize a thing at the place if the

inspector reasonably believes the thing is evidence
(a) about a matter being investigated by the inspector under
chapter 10, part 4; or
(b) of an offence against this Act.
581 Seizing evidence at a place that may be entered only with

consent or warrant
(a) an inspector is authorised to enter a place only with the
consent of an occupier of the place or a warrant; and
(b) the inspector enters the place after obtaining the consent
or under a warrant.
(2) If the inspector enters the place with the occupiers consent,
the inspector may seize a thing at the place only if
(a) the inspector reasonably believes the thing is evidence
(i) about a matter being investigated by the inspector
under chapter 10, part 4; or
(ii) of an offence against this Act; and
(b) seizure of the thing is consistent with the purpose of
entry as explained to the occupier when asking for the
occupiers consent.
(3) If the inspector enters the place under a warrant, the inspector
may seize the evidence for which the warrant was issued.
(4) The inspector may also seize anything else at the place if the
inspector reasonably believes
(a) the thing is evidence
(i) about a matter being investigated by the inspector
under chapter 10, part 4; or
(ii) of an offence against this Act; and
Page 396 2016 Act No. 5

[s 582]
(b) the seizure is necessary to prevent the thing being

hidden, lost or destroyed.
(5) The inspector may also seize a thing at the place if the
inspector reasonably believes it has just been used in
committing an offence against this Act.
582 Seizure of property subject to security

(1) An inspector may seize a thing, and exercise powers relating
to the thing, despite a lien or other security over the thing
claimed by another person.
(2) However, the seizure does not affect the other persons claim
to the lien or other security against a person other than the
inspector or a person acting under the direction or authority of
the inspector.
Division 2 Powers to support seizure
583 Power to secure seized thing

(1) Having seized a thing under division 1, an inspector may
(a) leave it at the place where it was seized (the place of
seizure) and take reasonable action to restrict access to
it; or
(b) move it from the place of seizure.
(2) For subsection (1)(a), the inspector may, for example
(a) seal the thing, or the entrance to the place of seizure, and
mark the thing or place to show access to the thing or
place is restricted; or
(b) for equipmentmake it inoperable; or
Example
make it inoperable by dismantling it or removing a component
without which the equipment can not be used
2016 Act No. 5 Page 397

[s 584]
(c) require a person the inspector reasonably believes is in

control of the place or thing to do an act mentioned in
paragraph (a) or (b) or anything else an inspector could
do under subsection (1)(a).
584 Offence to contravene other seizure requirement

A person must comply with a requirement made of the person
under section 583(2)(c) unless the person has a reasonable
excuse.
585 Offence to interfere

(1) If access to a seized thing is restricted under section 583, a
person must not tamper with the thing or with anything used
to restrict access to the thing without
(a) an inspectors approval; or
(b) a reasonable excuse.
(2) If access to a place is restricted under section 583, a person
must not enter the place in contravention of the restriction or
tamper with anything used to restrict access to the place
without
(a) an inspectors approval; or
(b) a reasonable excuse.
Division 3 Safeguards for seized things
586 Receipt and information notice for seized thing

(1) This section applies if an inspector seizes anything under
division 1 unless
Page 398 2016 Act No. 5
[s 587]
(a) the inspector reasonably believes there is no-one

apparently in possession of the thing or it has been
abandoned; or
(b) because of the condition, nature and value of the thing it
would be unreasonable to require the inspector to
comply with this section.
(2) The inspector must, as soon as practicable after seizing the
thing, give an owner or person in control of the thing before it
was seized
(a) a receipt for the thing that generally describes the thing
and its condition; and
(b) an information notice about the decision to seize it.
(3) However, if an owner or person from whom the thing is seized
is not present when it is seized, the receipt and information
notice may be given by leaving them in a conspicuous
position and in a reasonably secure way at the place at which
the thing is seized.
(4) The receipt and information notice may
(a) be given in the same document; and
(b) relate to more than 1 seized thing.
(5) The inspector may delay giving the receipt and information
notice if the inspector reasonably suspects giving them may
frustrate or otherwise hinder an investigation by the inspector
under this Act.
(6) However, the delay may be only for so long as the inspector
continues to have the reasonable suspicion and remains in the
vicinity of the place at which the thing was seized to keep it
under observation.
587 Access to seized thing

(1) Until a seized thing is forfeited or returned, the inspector who
seized the thing must allow an owner of the thing
2016 Act No. 5 Page 399

[s 588]
(a) to inspect it at any reasonable time and from time to

time; and
(b) if it is a documentto copy it.
(2) Subsection (1) does not apply if it is impracticable or would
be unreasonable to allow the inspection or copying.
(3) The inspection or copying must be allowed free of charge.
588 Return of seized thing

(1) This section applies if a seized thing has some intrinsic value
and is not forfeited or transferred under division 4 or 5.
(2) The inspector must return the seized thing to an owner
(a) generallyat the end of 6 months after the seizure; or
(b) if a proceeding for an offence involving the thing is
started within 6 months after the seizureat the end of
the proceeding and any appeal from the proceeding.
(3) Despite subsection (2), if the thing was seized as evidence, the
inspector must return the thing seized to an owner as soon as
practicable after the inspector is satisfied
(a) its continued retention as evidence is no longer
necessary; and
(b) it is lawful for the owner to possess it.
(4) Nothing in this section affects a lien or other security over the
seized thing.
Division 4 Forfeiture
589 Forfeiture by chief psychiatrist decision

(1) The chief psychiatrist may decide a seized thing is forfeited to
the State if an inspector
Page 400 2016 Act No. 5

[s 590]
(a) after making reasonable inquiries, can not find an

owner; or
(b) after making reasonable efforts, can not return it to an
owner.
(2) However, the inspector is not required to
(a) make inquiries if it would be unreasonable to make
inquiries to find an owner; or
(b) make efforts if it would be unreasonable to make efforts
to return the thing to an owner.
the owner of the thing has migrated to another country
(3) Regard must be had to the things condition, nature and value
in deciding
(a) whether it is reasonable to make inquiries or efforts; and
(b) if inquiries or efforts are madewhat inquiries or
efforts, including the period over which they are made,
are reasonable.
590 Information notice about forfeiture decision

(1) If the chief psychiatrist decides under section 589(1) to forfeit
a thing, the chief psychiatrist must as soon as practicable give
a person who owned the thing immediately before the
forfeiture (the former owner) an information notice about the
decision.
(2) The information notice may be given by leaving it at the place
where the thing was seized, in a conspicuous position and in a
reasonably secure way.
(3) The information notice must state that the former owner may
apply for a stay of the decision if the former owner appeals
against the decision.
(4) However, subsections (1) to (3) do not apply if the place
where the thing was seized is
2016 Act No. 5 Page 401
[s 591]
(a) a public place; or

(b) a place where the notice is unlikely to be read by the
former owner.
591 Forfeiture on conviction

(1) On the conviction of a person for an offence against this Act,
the court may order the forfeiture to the State of
(a) anything used to commit the offence; or
(b) anything else the subject of the offence.
(2) The court may make the order
(a) whether or not the thing has been seized; or
(b) if the thing has been seizedwhether or not the thing
has been returned to the former owner of the thing.
(3) The court may make any order to enforce the forfeiture it
(4) This section does not limit the courts powers under another
law.
592 Procedure and powers for making forfeiture order

(1) A forfeiture order may be made on a conviction on the courts
initiative or on an application by the prosecution.
(2) In deciding whether to make a forfeiture order for a thing, the
court
(a) may require notice to be given to anyone the court
considers appropriate, including, for example, any
person who may have any property in the thing; and
(b) must hear any submissions that any person claiming to
have any property in the thing may wish to make.
Page 402 2016 Act No. 5

[s 593]
Division 5 Dealing with property forfeited or

transferred to State
593 When thing becomes property of the State

A thing becomes the property of the State if
(a) the thing is forfeited to the State under section 589(1) or
591(1); or
(b) the owner of the thing and the State agree, in writing, to
the transfer of the ownership of the thing to the State.
594 How property may be dealt with

(1) This section applies if, under section 593, a thing becomes the
property of the State.
(2) The chief psychiatrist may deal with the thing as the chief
psychiatrist considers appropriate, including, for example, by
destroying it or giving it away.
(3) The chief psychiatrist must not deal with the thing in a way
that could prejudice the outcome of an appeal against the
forfeiture under part 8.
(4) If the chief psychiatrist sells the thing, the chief psychiatrist
may, after deducting the costs of the sale, return the proceeds
of the sale to the former owner of the thing.
Part 6 Other information-obtaining

powers of inspectors
595 Power to require name and address

(1) This section applies if an inspector
(a) finds a person committing an offence against this Act; or
2016 Act No. 5 Page 403
[s 596]
(b) finds a person in circumstances that lead the inspector to

reasonably suspect the person has just committed an
offence against this Act; or
(c) has information that leads the inspector to reasonably
suspect a person has just committed an offence against
this Act.
(2) The inspector may require the person to state the persons
name and residential address.
(3) The inspector may also require the person to give evidence of
the correctness of the stated name or address if, in the
circumstances, it would be reasonable to expect the person
to
(a) be in possession of evidence of the correctness of the
stated name or address; or
(b) otherwise be able to give the evidence.
(4) When making a personal details requirement, the inspector
must give the person an offence warning for the requirement.
(5) A requirement under this section is a personal details
requirement.
596 Offence to contravene personal details requirement

(1) A person of whom a personal details requirement has been
made must comply with the requirement unless the person has
a reasonable excuse.
(2) A person may not be convicted of an offence under subsection
(1) unless the person is found guilty of the offence in relation
to which the personal details requirement was made.
597 Power to require information

(1) This section applies if an inspector reasonably believes
Page 404 2016 Act No. 5

[s 598]
(a) an offence against this Act has been committed and a

person may be able to give information about the
offence; or
(b) a person may be able to give information about a matter
being investigated by the inspector under chapter 10,
part 4.
(2) The inspector may, by written notice given to the person,
require the person to give the inspector information related to
the offence, or matter being investigated, at a stated
reasonable time and place.
(3) A requirement under subsection (2) is an information
requirement.
(4) For information that is an electronic document, compliance
with the information requirement requires the giving of a clear
image or written version of the electronic document.
(5) In this section
information includes a document.
598 Offence to contravene information requirement

(1) A person of whom an information requirement is made must
comply with the requirement unless the person has a
reasonable excuse.
(2) It is a reasonable excuse for an individual not to give the
information if giving the information might tend to
incriminate the individual or expose the individual to a
penalty.
(3) However, subsection (2) does not apply if information the
subject of the information requirement is required to be held
or kept under this Act.
(4) In this section
information includes a document.
2016 Act No. 5 Page 405
[s 599]
Part 7 Miscellaneous provisions

relating to inspectors
Division 1 Damage
599 Duty to avoid inconvenience and minimise damage

In exercising a power, an inspector must take all reasonable
steps to cause as little inconvenience, and do as little damage,
as possible.
600 Notice of damage

(a) an inspector damages something when exercising, or
purporting to exercise, a power; or
(b) a person (the assistant) acting under the direction or
authority of an inspector damages something.
(2) However, this section does not apply to damage the inspector
reasonably considers is trivial or if the inspector reasonably
believes
(a) there is no-one apparently in possession of the thing; or
(b) the thing has been abandoned.
(3) The inspector must give written notice of the damage to the
person who appears to the inspector to be an owner, or person
in control, of the thing.
(4) However, if for any reason it is not practicable to comply with
subsection (3), the inspector must
(a) leave the notice at the place where the damage
happened; and
(b) ensure it is left in a conspicuous position and in a
reasonably secure way.
Page 406 2016 Act No. 5

[s 601]
(5) The inspector may delay complying with subsection (3) or (4)
if the inspector reasonably suspects complying with the
subsection may frustrate or otherwise hinder the performance
of the inspectors functions.
(6) The delay may be only for so long as the inspector continues
to have the reasonable suspicion and remains in the vicinity of
the place.
(7) If the inspector believes the damage was caused by a latent
defect in the thing or other circumstances beyond the control
of the inspector or the assistant, the inspector may state the
belief in the notice.
(8) The notice must state
(a) particulars of the damage; and
(b) that the person who suffered the damage may claim
compensation under section 601.
601 Claim
(1) A person may claim compensation from the State if the person
incurs loss because of the exercise, or purported exercise, of a
power by or for an inspector including a loss arising from
compliance with a requirement made of the person under part
5 or 6.
(2) The compensation may be claimed and ordered in a
proceeding
(a) brought in a court with jurisdiction for the recovery of
the amount of compensation claimed; or
(b) for an alleged offence against this Act the investigation
of which gave rise to the claim for compensation.
(3) In this section
loss includes costs and damage.
2016 Act No. 5 Page 407
[s 602]
602 Court order

(1) A court may order the payment of compensation only if it is
satisfied it is just to make the order in the circumstances of the
particular case.
(2) In considering whether it is just to order compensation, the
court must have regard to
(a) any relevant offence committed by the claimant; and
(b) whether the loss arose from a lawful seizure or lawful
forfeiture.
(3) A regulation may prescribe other matters that may, or must,
be taken into account by the court when considering whether
it is just to order compensation.
(4) Section 599 does not provide for a statutory right of
compensation other than as provided by this section.
Part 8 Reviews and appeals about

seizure and forfeiture

In this part
internal review decision see section 608(1)(b).
original decision see section 608(1)(a).
review notice see section 608(1)(c).
review notice day see section 608(2)(a).
604 Right of appeal

A person who has a right to be given an information notice
about a decision made under this chapter has a right to appeal
against the decision.
Page 408 2016 Act No. 5
[s 605]
Note
Information notices are given under sections 586 and 590.
605 Appeal process starts with internal review

(1) Every appeal against a decision must be, in the first instance,
by way of an application for internal review.
(2) A person who has a right to appeal against a decision may
apply to the chief executive for internal review of the decision.
606 How to apply for internal review

(1) An application for internal review of a decision must
(b) include enough information to enable the chief
executive to decide the application.
(2) The application must be made within 28 days after
(a) the day the person is given an information notice about
the decision; or
(b) if the person is not given an information notice about the
decisionthe day the person otherwise becomes aware
of the decision.
(3) The chief executive may, at any time, extend the time for
making the application.
(4) The application must not be dealt with by
(a) the person who made the decision; or
(b) a person in a less senior office than the person who
made the decision.
(5) Subsection (4) applies despite the Acts Interpretation Act
1954, section 27A.
2016 Act No. 5 Page 409

[s 607]
607 Stay of operation of decision

(1) The making of an application for internal review of a decision
does not affect the operation of the decision or prevent it
being implemented.
(2) However, the applicant may apply to the court for a stay of the
decision.
(3) The court may stay the decision to secure the effectiveness of
the internal review and a later appeal to the court.
(4) The stay
(a) may be given on conditions the court considers
appropriate; and
(b) operates for the period decided by the court.
(5) The period of the stay must not extend past the day when the
chief executive decides the application for internal review and
any later period the court allows the applicant to enable the
applicant to appeal against the internal review decision.
608 Internal review decision

(1) The chief executive must, within 28 days after receiving an
application for review of a decision
(a) review the decision (the original decision); and
(b) make a decision (the internal review decision) to
(i) confirm the original decision; or
(ii) amend the original decision; or
(iii) substitute another decision for the original
decision; and
(c) give the applicant written notice (the review notice) of
the internal review decision.
(2) If the internal review decision is not the decision sought by the
applicant, the review notice must state the following
Page 410 2016 Act No. 5

[s 609]
(a) the day the notice is given to the applicant (the review
notice day);
(b) the reasons for the decision;
(c) that the applicant may appeal against the decision to the
court within 28 days after the review notice day;
(d) how to appeal;
(e) that the applicant may apply to the court for a stay of the
decision.
(3) If the chief executive does not give the review notice within
the 28 days, the chief executive is taken to have made an
internal review decision confirming the original decision.
609 Who may appeal

A person who has applied for internal review of an original
decision and is dissatisfied with the internal review decision
may appeal to the court against the decision.
610 Procedure for an appeal to the court

(1) An appeal to the court is started by filing a notice of appeal
with the registrar of the court.
(2) The notice of appeal must be filed within 28 days after
(a) if the applicant is given a review noticethe review
notice day; or
(b) otherwisethe day the chief executive is taken to have
made an internal review decision confirming the original
decision.
(3) The court may, at any time, extend the period for filing the
notice of appeal.
(4) The notice of appeal must state fully the grounds of the
appeal.
(5) A copy of the notice must be served on the chief executive.
2016 Act No. 5 Page 411
[s 611]
611 Stay of operation of internal review decision

(1) An appeal against an internal review decision does not affect
the operation of the decision or prevent the decision being
implemented.
(2) However, the appellant may apply to the court for a stay of the
internal review decision.
(3) The court may stay the internal review decision to secure the
effectiveness of the appeal.
(4) The stay
(a) may be given on conditions the court considers
appropriate; and
(b) operates for the period decided by the court.
(5) The period of the stay must not extend past the day when the
court decides the appeal.
612 Powers of court on appeal

(1) In deciding an appeal against an internal review decision, the
court
(a) has the same powers as the chief executive for making
the internal review decision; and
(b) is not bound by the rules of evidence; and
(c) must comply with natural justice.
(2) An appeal is by way of rehearing.
(3) The court may
(a) confirm the internal review decision; or
(b) set aside the internal review decision and substitute
(c) set aside the internal review decision and return the
matter to the chief executive with directions the court
Page 412 2016 Act No. 5

Chapter 15 Suspension of criminal proceedings, offences and other legal matters
Part 1 Preliminary
[s 613]
613 Effect of decision of court on appeal

(1) If the court sets aside the internal review decision and returns
the matter to the chief executive with directions the court
considers appropriate, and the chief executive makes a new
decision, the new decision is not subject to internal review or
appeal under this part.
(2) If the court substitutes another decision
(a) the substituted decision is taken to be the decision of the
chief executive; and
(b) the chief executive may give effect to the decision as
if
(i) the decision were the original decision of the chief
executive; and
(ii) no application for internal review or appeal had
been made.
Chapter 15 Suspension of criminal

proceedings, offences and
other legal matters
Part 1 Preliminary
(a) matters relating to the suspension of criminal
proceedings against a person who becomes subject to
this Act; and
(b) offences relating to patients; and
2016 Act No. 5 Page 413

[s 615]
(c) offences relating to officials; and

(d) the detention of, and use of reasonable force in relation
to, particular patients; and
(e) matters relating to evidence and legal proceedings.
Part 2 Suspension of criminal

proceedings
615 Purpose of pt 2
(1) The purpose of this part is to provide for
(a) the suspension of criminal proceedings against a
person
(i) who becomes a classified patient; or
(ii) in relation to whom a direction is given under
chapter 4 for a psychiatrist report to be prepared; or
(iii) in relation to whom a reference is made to the
(b) the ending of the suspension of the criminal
proceedings; and
(c) the giving of notices in relation to the suspension, and
the ending of the suspension, of the criminal
proceedings.
616 Suspension of proceedings

(1) This section applies if any of the following happens
(a) a person charged with an offence, other than an offence
against a law of the Commonwealth, becomes a
classified patient;
Page 414 2016 Act No. 5

[s 617]
Note
A person becomes a classified patient if the person is transported
to, or remains in, an inpatient unit of an authorised mental health
service under chapter 3, part 2 or 3.
(b) the chief psychiatrist gives a direction under section 91
or 93 for a psychiatrist report to be prepared about a
person in relation to a charge of a serious offence or an
associated offence;
(c) a persons mental state in relation to an offence is
referred to the Mental Health Court under section 101,
110, 175 or 183.
(2) A proceeding against a person mentioned in subsection (1)(a)
for the offence is suspended.
(3) A proceeding against a person mentioned in subsection (1)(b)
for the serious offence or associated offence to which the chief
psychiatrists direction relates is suspended.
(4) A proceeding against a person mentioned in subsection (1)(c)
for the offence to which the reference relates is suspended.
(5) If more than 1 of the events happens in relation to a
proceeding against a person, the proceeding is suspended on
and from the happening of the earliest of the events.
617 Giving notice of particular suspensions

(1) This section applies if a proceeding is suspended under
section 616(2) or (3).
(2) As soon as practicable after the proceeding is suspended, the
chief psychiatrist must give written notice to the chief
executive (justice) of the suspension.
subsection (2), the chief executive (justice) must give each of
the following a copy of the notice
2016 Act No. 5 Page 415
[s 618]

618 Ending of suspension

(1) This section applies to a proceeding against a person that is
suspended under section 616.
(2) The suspension of the proceeding ends only if each of the
following is satisfied
(a) the person is not, or is no longer, a classified patient;
(b) if the chief psychiatrist has decided not to make a
reference under section 101 to the Mental Health
Courtthe period mentioned in section 101(3), or any
extended period mentioned in section 101(5), in which
the chief psychiatrist may make the reference has ended;
(c) if the persons mental state in relation to the offence has
been referred to the Mental Health Court under section
101, 110, 175 or 183the Mental Health Court has
made a decision on the reference or the reference has
been withdrawn.
619 Giving notice of ending of suspension

(1) As soon as practicable after the ending of the suspension of a
proceeding under section 616, the chief psychiatrist must give
each of the following written notice of the ending of the
suspension
(a) the person;
(b) the persons lawyer, if any;
(c) the chief executive (justice);
(d) if an authorised mental health service is responsible for
the personthe administrator of the service;
Page 416 2016 Act No. 5

[s 620]
(e) if the forensic disability service is responsible for the

personthe administrator of the service.
subsection (1), the chief executive (justice) must give each of
the following a copy of the notice
(3) The registrar of the court in which the proceeding for the
offence has been brought must arrange for the charge for the
offence to be brought before the court within 7 days after
receiving a copy of the notice under subsection (2) or, if the
court can not be constituted in that period, at the earliest
opportunity after the end of the period.
620 Effect on powers relating to bail, discontinuance of

proceedings and other matters
The suspension, under this part, of a proceeding against a
person for an offence does not prevent
(a) a court making an order granting the person bail, or
enlarging, varying or revoking bail granted to the
person, under the Bail Act 1980; or
(b) a court remanding the person in custody in relation to
the proceeding for the offence; or
(c) a court adjourning the proceeding against the person for
the offence until a stated date; or
(d) the prosecution of the person for the offence being
discontinued at any time; or
(e) the presentation of an indictment under the Criminal
Code, section 590 for the person.
2016 Act No. 5 Page 417

[s 621]
621 Offence relating to ill-treatment

(1) This section applies to a person who, under this Act
(a) is assessing, examining, providing treatment and care to,
or detaining, a person (the patient); or
(b) is responsible for the detention of a person (also the
patient).
(2) The person must not ill-treat the patient.
imprisonment.
(3) In this section
ill-treat includes to wilfully abuse, neglect or exploit.
622 Offences relating to patients absconding

(1) This section applies if a person is
(a) transporting a person (the patient) under this Act
(i) to an authorised mental health service; or
(ii) to the forensic disability service; or
(iii) to appear before a court; or
(iv) to a place of custody; or
(b) accompanying a classified patient, forensic patient or
person subject to a judicial order (also the patient) while
the patient is receiving limited community treatment or
on a temporary absence under section 221.
(2) For this section, while the person is acting as mentioned in
subsection (1), the patient is in the persons charge.
(3) The person must not wilfully allow the patient to abscond
from the persons charge.
Page 418 2016 Act No. 5

[s 623]

imprisonment.
(4) A person must not knowingly help the patient to abscond from
the persons charge.
imprisonment.
623 Offences relating to patients unlawfully absent

(1) A person must not
(a) induce, or knowingly help, a patient of an authorised
mental health service or public sector health service
facility to unlawfully absent himself or herself from the
service or facility; or
(b) knowingly harbour a patient who is unlawfully absent
from an authorised mental health service or public
sector health service facility.
Maximum penalty
(a) for a classified patient, forensic patient or a person
subject to a judicial order200 penalty units or 2 years
imprisonment; or
(b) otherwise200 penalty units.
(2) Without limiting subsection (1)(b), a patient mentioned in
section 622(1) is unlawfully absent from an authorised mental
health service or public sector health service facility if the
patient has absconded from the charge of a person mentioned
in section 622(2).
(3) A person employed in an authorised mental health service or
public sector health service facility must not wilfully allow a
patient detained in the service or facility to unlawfully absent
himself or herself from the service or facility.
Maximum penalty
2016 Act No. 5 Page 419

[s 624]
(a) for a classified patient, forensic patient or a person

subject to a judicial order200 penalty units or 2 years
imprisonment; or
(b) otherwise200 penalty units.
(4) In this section
unlawfully means without authority under this Act or other
legal authority, justification or excuse.

In this part
official means the following persons
(a) the chief psychiatrist;
(b) the administrator of an authorised mental health service;
(c) an authorised person other than a police officer;
(d) an inspector.
625 Obstructing official

(1) A person must not obstruct an official exercising a power, or
someone helping an official exercising a power, unless the
person has a reasonable excuse.
(2) If a person has obstructed an official, or someone helping an
official, and the official decides to proceed with the exercise
of the power, the official must warn the person that
(a) it is an offence to cause an obstruction unless the person
has a reasonable excuse; and
Page 420 2016 Act No. 5

[s 626]
(b) the official considers the persons conduct an

obstruction.
(3) However, a person who is a patient does not commit an
offence against subsection (1) merely because the person
resists the exercise of the power in relation to himself or
herself.
(4) In this section
obstruct includes assault, hinder, resist, attempt to obstruct
and threaten to obstruct.
626 Impersonating official

A person must not impersonate an official.
627 Giving official false or misleading information

(1) A person must not, in relation to the administration of this
Act, give an official information, or a document containing
information, that the person knows is false or misleading in a
(2) Subsection (1) applies to information or a document given in
relation to the administration of this Act whether or not the
information or document was given in response to a specific
power under this Act.
2016 Act No. 5 Page 421

[s 628]
Part 5 Detention and use of

reasonable force
628 Classified patient (voluntary) may be detained

A classified patient (voluntary) may be detained in an
authorised mental health service for treatment and care for the
persons mental illness.
629 Detention of person in authorised mental health service

with use of reasonable force
(1) This section applies if, under a provision of this Act, a person
is required or permitted to be detained in an authorised mental
health service.
(2) The administrator of the authorised mental health service, and
anyone lawfully helping the administrator, may exercise the
power to detain the person in the service with the help, and
using the force, that is necessary and reasonable in the
circumstances.
630 Detention of person in public sector health service

facility with use of reasonable force
(1) This section applies if, under a provision of this Act, a person
is required or permitted to be detained in a public sector health
service facility, other than an authorised mental health
service.
(2) The person in charge of the public sector health service
facility, and anyone lawfully helping the person in charge,
may exercise the power to detain the person in the public
sector health service facility with the help, and using the
Page 422 2016 Act No. 5

[s 631]
631 Examination or assessment of involuntary patient

without consent and with use of reasonable force
(1) This section applies to an involuntary patient.
(2) Subject to this Act, an examination or assessment of the
patient may be made under this Act without the consent of the
patient or anyone else.
(3) A person lawfully making, or lawfully helping to make, an
examination or assessment of the patient in an authorised
mental health service or public sector health service facility
may use the force that is necessary and reasonable in the
circumstances to make, or help make, the examination or
assessment.
Notes
1 See section 33 for the use of force in relation to a person subject to
an examination authority.
2 See the Guardianship and Administration Act 2000, sections 63 and
75 for carrying out urgent health care and the use of force to carry
out health care authorised under that Act.
632 Treatment and care of patient without consent and with

use of reasonable force
(1) This section applies to the following (each a patient)
(a) an involuntary patient subject to a treatment authority,
forensic order or treatment support order;
(2) Subject to this Act, treatment and care for the patients mental
condition may be provided to the patient under this Act
without the consent of the patient or anyone else.
(3) A person lawfully providing, or lawfully helping to provide,
treatment and care to the patient in an authorised mental
health service or public sector health service facility may use
the force that is necessary and reasonable in the circumstances
to provide, or help provide, the treatment and care.
2016 Act No. 5 Page 423
[s 633]
(4) To remove any doubt, it is declared that this section does not
authorise the provision of treatment and care to an involuntary
patient that is inconsistent with this Act.
Example of treatment and care that is inconsistent with this Act
a doctor performing electroconvulsive therapy on a person other than
under section 236 or 237.
633 Relationship with use of physical restraint

This part is subject to section 270.
Part 6 Evidence and legal

proceedings
634 Evidentiary aids

(1) This section applies to a proceeding under this Act.
(2) The following must be presumed unless a party to the
proceeding, by reasonable notice, requires proof of it
(a) the chief psychiatrists appointment;
(b) an appointment of the administrator of an authorised
mental health service;
(c) an authorised doctors appointment;
(d) an authorised mental health practitioners appointment;
(e) an appointment under section 341 of a health
practitioner to perform particular functions;
(f) an inspectors appointment;
(g) an authorised persons appointment;
(h) the authority of any of the following persons to do
anything under this Act
Page 424 2016 Act No. 5

[s 634]
(i) the Minister;

(iii) the administrator of an authorised mental health
service;
(iv) an authorised doctor;
(v) an authorised mental health practitioner;
(vi) a health practitioner appointed under section 341 to
perform particular functions;
(vii) an inspector;
(viii) an authorised person.
(3) A signature purporting to be the signature of any of the
following persons is evidence of the signature it purports to
be
(a) the Minister;
(b) the chief psychiatrist;
(c) the president;
(d) the administrator of an authorised mental health service;
(e) an authorised doctor;
(f) an authorised mental health practitioner;
(g) a health practitioner appointed under section 341 to
perform particular functions;
(h) an inspector;
(i) an authorised person.
(4) A certificate purporting to be signed by the chief psychiatrist
and stating any of the following matters is evidence of the
matter
(a) a stated document is a copy of a document made, given
or issued under this Act, including, for example, an
authority, order, notice, declaration, direction or
decision;
2016 Act No. 5 Page 425
[s 635]
(b) on a stated day, or during a stated period, a stated person

was or was not an involuntary patient, a stated type of
involuntary patient or a classified patient (voluntary);
(c) a stated place is, or was on a stated day or during a
stated period, an authorised mental health service or
stated type of authorised mental health service;
(d) on a stated day, a stated person was given or issued a
stated document under this Act, including, for example,
an authority, order, notice, declaration, direction or
decision;
(e) on a stated day, a stated requirement was made of a
stated person;
(f) a stated document is a copy of a part of a register kept
under this Act.
(5) A document purporting to be signed by a member or the
executive officer of the tribunal and to be an order or decision,
or copy of an order or decision, of the tribunal, is evidence of
the order or decision.
635 Proceedings for offences

(1) A proceeding for an offence against this Act must be taken in
a summary way under the Justices Act 1886.
(2) The proceeding must start within the later of
(a) 1 year after the offence is committed; or
(b) 1 year after the offence comes to the complainants
knowledge, but within 2 years after the offence is
committed.
Page 426 2016 Act No. 5

[s 636]
Chapter 16 Establishment and

administration of court and
tribunal
636 Purpose of pt 1
The purpose of this part is to provide for the following
(a) the continuation of the Mental Health Court, as formerly
established under the repealed Mental Health Act 2000;
(b) the constitution, jurisdiction and powers of the court;
(c) procedural provisions for proceedings of the court;
(d) the review of the detention of particular persons in an
authorised mental health service or the forensic
disability service.
Division 2 Continuation, constitution,

jurisdiction and powers
637 Continuation of Mental Health Court

(1) The Mental Health Court, as formerly established as a
superior court of record by the repealed Mental Health Act
2000, section 381 is continued in existence.
(2) The court has a seal that must be judicially noticed.
(3) The court consists of the president and other members of the
court.
2016 Act No. 5 Page 427

[s 638]
638 Constitution
(1) The Mental Health Court is constituted by a member of the
court sitting alone.
(2) In exercising jurisdiction under this Act, the court must be
assisted by 1 or 2 assisting clinicians.
(3) However, subsection (2) does not apply to
(a) a directions hearing; or
(b) a hearing that is only about a question of law.
(4) If the court is assisted by 2 assisting clinicians for a hearing,
the assisting clinicians must be
(a) for a hearing other than a hearing relating to a person
who has an intellectual disability2 psychiatrists; or
(b) for a hearing relating to a person who has an intellectual
disability
(i) 2 psychiatrists; or
(ii) 1 psychiatrist and 1 person with expertise in the
care of persons who have an intellectual disability.
(5) If the court is assisted by 1 assisting clinician for a hearing,
the assisting clinician must be
(a) for a hearing other than a hearing relating to a person
who has an intellectual disability1 psychiatrist; or
(b) for a hearing relating to a person who has an intellectual
disability
(i) 1 psychiatrist; or
(ii) 1 person with expertise in the care of persons who
have an intellectual disability.
(6) The president must decide, for a hearing other than a hearing
mentioned in subsection (3)
(a) whether the court is to be assisted by 1 or 2 assisting
clinicians, and the assisting clinicians who are to assist
the court; or
Page 428 2016 Act No. 5
[s 639]
(b) if a hearing is adjourned under subsection (7)whether

the court is to be assisted by a second assisting clinician
and, if so, the second assisting clinician who is to assist
the court.
(7) If the court is assisted by 1 assisting clinician and the member
constituting the court considers, because of the nature of the
evidence or issues arising in the proceeding, that it would be
beneficial for the court to be assisted by 2 assisting clinicians,
the member may adjourn the hearing
(a) if the member is the presidentto decide the second
assisting clinician for the hearing; or
(b) otherwiseto allow the president to decide whether the
court should be assisted for the hearing by a second
assisting clinician.
639 Jurisdiction
(1) The Mental Health Court has jurisdiction to hear and decide
(a) references under chapter 5; and
(b) appeals under chapter 13, part 3; and
(c) reviews under division 9 of the detention of persons in
authorised mental health services or the forensic
disability service.
(2) In exercising its jurisdiction, the court
(a) must inquire into the matter before it; and
(b) may inform itself in relation to the matter before it in
any way it considers appropriate.
(3) The courts jurisdiction is not limited, by implication, by a
provision of this or another Act.
(4) A member of the court retains all of the members jurisdiction
as a Supreme Court judge.
2016 Act No. 5 Page 429

[s 640]
640 Powers
Without limiting the powers conferred on it under this or
another Act, the Mental Health Court may do all things
necessary or convenient to be done for the exercise of its
jurisdiction.
Division 3 Membership
641 Appointment of members

(1) The Governor in Council may, by commission, appoint a
Supreme Court judge to be a member of the Mental Health
Court.
(2) The judge is appointed for the term, of not more than 3 years,
stated in the commission.
642 Appointment does not affect judges tenure of office

(1) The appointment of, or service by, the judge as a member of
the Mental Health Court does not affect
(a) the persons tenure of office as a judge; or
(b) the persons rank, title, status, precedence, salary,
annual or other allowances or other rights or privileges
as the holder of the persons office as a judge.
(2) The persons service as a member of the court is taken to be
service as a Supreme Court judge for all purposes.
643 Resignation of office

(1) The judge may resign as a member of the Mental Health Court
by signed notice of resignation given to
(a) if the judge is the Chief Justicethe Governor; or
(b) otherwisethe Chief Justice.
Page 430 2016 Act No. 5

[s 644]
(2) The notice takes effect when it is given under subsection (1)
or, if a later time is stated in the notice, at the later time.
644 When members office ends

(1) The judge holds office as a member of the Mental Health
Court until the earlier of the following days
(a) the day the persons appointment as a member of the
court ends;
(b) if the person resigns as a member of the courtthe day
the notice of resignation takes effect under section 643;
(c) the day the person ceases to be a Supreme Court judge.
(2) However, if the judge ceases to hold office as a member of the
court while hearing a matter, the Governor in Council may,
without reappointing the person as a member of the court,
continue the person in office for the time necessary to enable
the hearing to be completed.
(3) The person continued in office may exercise the jurisdiction
and powers of the court that are necessary or convenient for
the hearing to be completed.
Division 4 President
645 Appointment of president

(1) The Governor in Council is to appoint a member of the
Mental Health Court to be the president.
(2) A person may be appointed as the president at the same time
the person is appointed as a member of the court.
646 Arrangement of business

(1) The president is responsible for the administration of the
Mental Health Court and for ensuring the orderly and
2016 Act No. 5 Page 431

[s 647]
expeditious exercise of the jurisdiction and powers of the

court.
(2) The president has power to do all things necessary or
convenient to be done for the administration of the court and
for ensuring the orderly and expeditious exercise of the
jurisdiction and powers of the court.
647 President holds office while member of court

The president holds office as the president while he or she is a
member of the Mental Health Court.
648 Delegation of particular powers

The president may delegate, to another member of the Mental
Health Court, the presidents powers under section 638(6).
649 Resignation of office

(1) The president may resign as president by signed notice of
resignation given to
(a) if the president is the Chief Justicethe Governor; or
(b) otherwisethe Chief Justice.
(2) The notice takes effect when it is given under subsection (1)
or, if a later time is stated in the notice, at the later time.
(3) Resignation as the president does not affect the persons
membership of the Mental Health Court.
650 Appointment of acting president

The Governor in Council may appoint a member of the
Mental Health Court to act as the president
(a) for any period the office is vacant; or
Page 432 2016 Act No. 5

[s 651]
(b) for any period, or all periods, when the president is

absent from duty or from Queensland or, for another
reason, can not perform the duties of the office.
Division 5 Assisting clinicians
651 Functions
(1) The functions of an assisting clinician are to
(a) examine material received for a hearing to identify
matters requiring further examination and to make
recommendations to the Mental Health Court about the
matters; and
(b) make recommendations about the making of court
examination orders under section 668; and
(c) assist the court by advising it
(i) on the meaning and significance of clinical
evidence; and
(ii) about clinical issues relating to the treatment, care
and detention of persons under this Act; and
(d) assisting the court and the registry by advising them
about matters relating to the hearing of proceedings or
the administration of the court.
(2) However, an assisting clinicians functions are limited to
matters within the clinicians professional expertise.
652 Appointment
(1) The Governor in Council may, on the recommendation of the
Minister, appoint a following person (an assisting clinician)
by gazette notice to assist the Mental Health Court
(a) a psychiatrist;
2016 Act No. 5 Page 433

[s 653]
(b) a person with expertise in the care of persons who have

an intellectual disability.
(2) In recommending a person for appointment as an assisting
clinician, the Minister must be satisfied the person has the
qualifications and experience necessary to perform an
assisting clinicians functions.
(3) An assisting clinician holds office for the term, of not more
than 3 years, stated in the gazette notice.
(4) An assisting clinician is to be appointed under this Act and not
under the Public Service Act 2008.
653 Conditions of appointment

(1) An assisting clinician is entitled to be paid the remuneration
and allowances decided by the Governor in Council.
(2) An assisting clinician holds office on the terms and
conditions, not provided for under this Act, decided by the
Governor in Council.
654 Resignation
An assisting clinician may resign by signed notice given to the
Minister.

(1) The Governor in Council may terminate the appointment of
an assisting clinician if the Governor in Council is satisfied
the assisting clinician
(a) has become incapable of performing the assisting
clinicians duties; or
(b) has performed the assisting clinicians duties carelessly,
incompetently or inefficiently; or
Page 434 2016 Act No. 5

[s 656]

dismissal from the public service if the assisting
clinician were a public service officer.
(2) The Governor in Council must terminate the appointment of
an assisting clinician if the assisting clinician
(a) no longer has the qualifications or experience necessary
to perform an assisting clinicians functions; or
Example
a psychiatrist stops holding specialist registration in the specialty
of psychiatry under the Health Practitioner Regulation National
Law (Queensland) 2009
Division 6 Mental Health Court Registry and

registrar
656 Mental Health Court Registry

(1) There is a Mental Health Court Registry.
(2) The registry consists of
(a) the registrar; and
(b) the other staff necessary for the Mental Health Court to
exercise its jurisdiction.
(3) The registrar and other staff are to be employed under the
Public Service Act 2008.
657 Registrys functions

The registry has the following functions
(a) to act as the registry for the Mental Health Court;
(b) to provide administrative support to the court;
2016 Act No. 5 Page 435

[s 658]
(c) any other functions conferred on the registry under this

Act.
658 Registrars functions

The registrar administers the registry and has the functions
conferred on the registrar under this or another Act.
659 Registrars powersgeneral

(1) The registrar has the power to do all things necessary or
convenient to be done to perform the registrars functions.
(2) In performing a function or exercising a power, the registrar
must comply with a direction relating to the performance or
exercise given by
(a) a member of the Mental Health Court for a proceeding
being heard by the member; or
(b) the president.
660 Registrars power to issue subpoena

(1) For the Mental Health Court exercising its jurisdiction, the
registrar may issue a subpoena requiring the person to whom
the subpoena is directed
(a) to produce a stated or described document; or
(b) to attend before the court to give evidence.
(2) The subpoena may be issued
(a) on the registrars own initiative; or
(b) at the direction of the court; or
(c) at the request of a party to a proceeding.
(3) The person to whom the subpoena is directed must comply
with the subpoena.
Page 436 2016 Act No. 5

[s 661]
(4) Failure to comply with the subpoena without lawful excuse is

contempt of court and a person who fails to comply may be
dealt with for contempt of court.
661 Registrars power to require administrator to produce

document
registrar may require the administrator of an authorised
mental health service or of the forensic disability service to
give the registrar a stated or described document.
(2) The requirement must be made by written notice given to the
administrator.
(3) The administrator must comply with the notice despite an
obligation under an Act or law not to give the document or
disclose information in the document.
662 Registrars power to require person to be brought before

Mental Health Court
registrar may
(a) require the administrator of an authorised mental health
service or of the forensic disability service to bring a
person for whom the service is responsible before the
court at a stated time and place; or
(b) require the custodian of a person in lawful custody to
bring the person before the court at a stated time and
place.
administrator or custodian.
(3) The administrator or custodian must comply with the notice.
(4) For subsection (1), an authorised person may
2016 Act No. 5 Page 437

[s 663]
(a) transport the person from the authorised mental health

service or forensic disability service to appear before the
court; and
(b) on the adjournment of the hearing, transport the person
from the court to the authorised mental health service or
Note
663 Registrars power to require prosecuting authority to give

particular documents
(1) For the Mental Health Court exercising its jurisdiction for a
reference in relation to a person, the registrar may require the
prosecuting authority for the offence to give the registrar
(a) a written report about the criminal history of the person;
or
(b) a brief of evidence in relation to the offence.
prosecuting authority.
(3) The prosecuting authority must comply with the notice.
(4) Subsection (1) applies to the criminal history in the possession
of the prosecuting authority or to which the prosecuting
authority has access.
664 Delegation by registrar

(1) The registrar may delegate a function of the registrar under
this or another Act to an appropriately qualified member of
the staff of the registry.
(2) In this section
Page 438 2016 Act No. 5

[s 665]
665 Contempt of court

(1) The Mental Health Court has all the protection, powers,
jurisdiction and authority the Supreme Court has for a
contempt of court.
(2) The court must comply with the provisions of the Uniform
Civil Procedure Rules 1999 relating to contempt of court,
with necessary changes.
(3) The registrar may apply to the court for an order that a person
be committed to prison for contempt of court.
(4) The courts jurisdiction to punish a contempt of court may be
exercised on the initiative of a member of the court.
(5) The court has jurisdiction to punish an act or omission as a
contempt of court, even if a penalty is prescribed for the act or
omission.
666 Conduct that is contempt and offence

(1) If conduct of a person is both contempt of the Mental Health
Court and an offence, the person may be proceeded against for
the contempt or for the offence.
(2) However, the person is not liable to be punished twice for the
same conduct.
667 Protection and immunity for member of Mental Health

Court and assisting clinician
(1) A member of the Mental Health Court has, in the exercise of
jurisdiction under this Act, the same protection and immunity
as a Supreme Court judge has in the performance of a judges
functions.
(2) An assisting clinician has, in the performance of the assisting
clinicians functions under this Act, the same protection and
2016 Act No. 5 Page 439
[s 668]
immunity as a Supreme Court judge has in the performance of

a judges functions.
Division 8 Court examination orders
668 Making of court examination order

(1) The Mental Health Court may make an order (a court
examination order) requiring the person the subject of a
proceeding before the court to submit to an examination by a
stated examining practitioner.
Note
A court examination order is a type of judicial order. A judicial order
does not authorise the provision of involuntary treatment and care to the
person.
(2) The court examination order must
(b) state the matters on which the examining practitioner
must report to the court.
(3) The examining practitioner must give a written report on the
examination to the court.
669 Recommendation or request for court examination order

on reference
(1) This section applies if, for a proceeding for a reference in
relation to a person, an assisting clinician recommends, or the
director of public prosecutions asks, that the Mental Health
Court make a court examination order for the person.
(2) The registrar must give the parties to the proceeding written
notice of the recommendation or request.
(3) The notice must state that the parties may make written
submissions on the recommendation or request within the
reasonable time stated in the notice.
Page 440 2016 Act No. 5
[s 670]
(4) The registrar must give the court

(a) the recommendation or request; and
(b) any submission made by a party on it.
(5) The director of public prosecutions must pay the costs of an
examination requested by the director of public prosecutions.
670 Transport, detention and examination of person under

court examination order
(1) This section applies if the Mental Health Court makes a court
examination order for a person the subject of a proceeding
before the court.
(2) For examining the person, the order may authorise an
authorised person to transport the person to an inpatient unit
of a stated authorised mental health service.
Note
(3) However, the court may make an order under subsection (2)
only if the court is satisfied there is no other reasonably
practicable way to ensure a thorough examination of the
persons mental condition.
(4) The person may be detained in the authorised mental health
service for the examination for
(a) if the order states a period of more than 3 daysthe
stated period; or
(b) otherwisenot more than 3 days.
(5) The examining practitioner may examine the person without
the consent of the person or anyone else.
(6) Also, the examining practitioner, or anyone lawfully helping
the examining practitioner, may use the force that is necessary
and reasonable in the circumstances to examine the person.
2016 Act No. 5 Page 441

[s 671]
671 What happens at end of examination

(1) This section applies after the end of the time allowed for the
persons examination or on the earlier completion of the
persons examination.
(2) If the person was taken from lawful custody for the
examination, an authorised person may transport the person
from the authorised mental health service to the persons
place of custody.
Note
(3) If the person was not taken from another authorised mental
health service or the forensic disability service, or from lawful
custody, for the examination, the administrator of the
authorised mental health service in which the person is
detained must ensure arrangements are made for the person to
be transported to
(a) the place from which the person was taken for the
examination; or
(b) another place to which the person reasonably asks to be
taken.
(4) The person may be detained in the authorised mental health
service until the person is transported, under subsection (2),
from the service.
(5) Subsections (2) and (3) do not apply if the person is, or
becomes
(a) an involuntary patient who may be detained in an
authorised mental health service or the forensic
disability service; or
(b) a classified patient (voluntary).
Page 442 2016 Act No. 5

[s 672]
Division 9 Reviews of detention in authorised

mental health service or forensic
disability service

In this division
appointed person see section 677.
relevant service means
(a) an authorised mental health service; or
(b) the forensic disability service.
673 Power to review detention

(1) The Mental Health Court may, on application by a prescribed
person or on its own initiative, review a persons detention in a
relevant service to decide whether the persons detention is
lawful.
(2) However, subsection (1) does not apply if the persons
detention in the relevant service has been ordered by the
(3) An application for review must
(b) state the grounds on which it is made.
(4) In this section
prescribed person means the following
(a) a person who is detained in a relevant service;
paragraph (a);
(c) the Attorney-General.
2016 Act No. 5 Page 443

[s 674]

(1) The registrar must give each of the following persons written
notice of the hearing of a review of a persons detention in a
relevant service
(a) the person who is detained in the relevant service;
(c) the administrator of the relevant service;
(d) if the relevant service is an authorised mental health
servicethe chief psychiatrist;
(e) if the relevant service is the forensic disability
servicethe director of forensic disability;
(f) the Attorney-General.
(c) the persons rights at the hearing.
675 Parties to proceeding

(1) The parties to the proceeding for the review are
(a) the person who is detained in the relevant service; and
(b) if the person is not the applicantthe applicant; and
(c) if the relevant service is an authorised mental health
servicethe chief psychiatrist; and
(d) if the relevant service is the forensic disability
servicethe director of forensic disability.
(2) Also, the Attorney-General may elect to be a party to the
proceeding.
Page 444 2016 Act No. 5

[s 676]
(3) An election under subsection (2) must be made by filing a

notice in the registry.
676 Consideration of application

(1) The Mental Health Court must consider the application as
soon as practicable after it is made.
(2) The court may refuse the application if the court is satisfied
the application
(a) may more properly be dealt with by the tribunal on a
review under chapter 12; or
(b) is frivolous or vexatious.
677 Appointment of person to inquire into detention

For reviewing a persons detention in a relevant service, the
Mental Health Court may, by order, direct a stated person (the
appointed person) to inquire into, and report to the court on,
the persons detention in the service.
678 Administrator to ensure help given to appointed person

The administrator of the relevant service must ensure the
appointed person is given reasonable help to carry out the
inquiry.
679 General powers of appointed person

(1) For carrying out the inquiry, the appointed person may
exercise 1 or more of the following powers
(a) enter the relevant service;
(b) examine the person who is detained in the relevant
service;
(c) search any part of the relevant service;
2016 Act No. 5 Page 445

[s 680]
(d) inspect, examine, test, measure, photograph or film any

part of the relevant service or any documents or other
thing in the service;
(e) take extracts from, or make copies of, any documents in
the relevant service;
(f) take into the relevant service any persons, equipment
and materials the appointed person reasonably requires
for exercising powers in relation to the service.
(2) The appointed person may exercise a power under subsection
(1) with the help, and using the force, that is necessary and
680 Appointed persons power to ask questions

(1) The appointed person may require another person to answer a
question about the persons detention.
(2) When making the requirement, the appointed person must
warn the other person it is an offence to fail to comply with
the requirement unless the person has a reasonable excuse.
(3) The person must comply with the requirement unless the
person has a reasonable excuse.
(4) It is a reasonable excuse for the person to fail to answer the
question if complying with the requirement might tend to
incriminate the person.
(5) The person does not commit an offence against subsection (3)
if the information sought by the appointed person is not in fact
relevant to the persons detention.
681 Mental Health Court may direct persons discharge

(1) This section applies if, after considering the evidence before
it, including any report prepared by the appointed person, the
Mental Health Court is satisfied the persons detention in the
relevant service is unlawful.
Page 446 2016 Act No. 5
[s 682]
(2) The court must, by order, direct that the person be

immediately discharged from the relevant service.
(3) The administrator of the relevant service must ensure the
order is complied with.
682 Other remedies not affected

This division does not limit any other remedy available to the
person.
683 General right of appearance and representation

A party to a proceeding in the Mental Health Court may
(a) appear in person at the hearing of the proceeding; or
(b) be represented at the hearing by
(i) a lawyer; or
(ii) with the leave of the court, a person who is not a
lawyer.
684 Evidence
(1) In conducting a proceeding, the Mental Health Court is not
bound by the rules of evidence unless the court decides it is in
the interests of justice that it be bound for the proceeding or a
part of the proceeding.
(2) The court may make the decision on application by a party to
the proceeding or on its own initiative.
685 Proof of matters

(1) No party to a proceeding bears the onus of proof of any matter
in the proceeding.
2016 Act No. 5 Page 447

[s 686]
(2) A matter to be decided by the Mental Health Court must be

decided on the balance of probabilities.
686 Directions
The Mental Health Court may give directions about the
hearing of a proceeding.
Note
See also the Evidence Act 1977, part 3A. The stated purposes of the part
include the facilitation of the giving and receiving of evidence, and the
making and receiving of submissions, in Queensland court proceedings
by audio visual link or audio link.
687 Assisting clinicians advice before or during adjournment

of hearing
(1) This section applies to advice given by an assisting clinician
to the Mental Health Court
(a) before the hearing of a proceeding starts; or
(b) during an adjournment of the hearing of a proceeding,
other than an adjournment for the court to make its
decision.
(2) During the hearing, the court must inform each party to the
proceeding of the advice unless the party tells the court it does
not require the information.
(3) However, this section does not apply to advice mentioned in
section 651(1)(d) that an assisting clinician gives the court.
688 Assisting clinicians advice during hearing

(1) Advice given by an assisting clinician to the Mental Health
Court during the hearing of a proceeding must be given in a
way that can be heard by the parties to the proceeding.
(2) However, this section does not apply to advice mentioned in
section 651(1)(d).
Page 448 2016 Act No. 5

[s 689]
689 Particular advice of assisting clinician to be stated in

reasons for decision
(1) This section applies if the Mental Health Court is satisfied
advice given by an assisting clinician to the court materially
contributed to the courts decision in a proceeding.
(2) The court must state the advice in the courts reasons for its
decision.
690 When court may conduct hearing in absence of person

The Mental Health Court may conduct the hearing of a
proceeding in the absence of the person who is the subject of
the proceeding only if the court is satisfied it is expedient and
in the interests of justice to do so.
691 Appointing assistant

The Mental Health Court may appoint a person with
appropriate knowledge or experience to assist it in a hearing,
including, for example, a person with appropriate
communication skills or appropriate cultural or social
knowledge or experience.
692 Court may sit and adjourn hearing

The Mental Health Court may, subject to the court rules
(a) sit at any time and in any place for the hearing of a
proceeding; and
(b) adjourn the hearing of a proceeding to any time and
place.
693 Hearing of reference generally open to public

(1) The hearing of a proceeding for a reference is open to the
public unless the Mental Health Court, by order, directs that
the hearing or part of the hearing not be open to the public.
2016 Act No. 5 Page 449
[s 694]
(2) However, the court may make an order directing that the
hearing or part of the hearing not be open to the public only if
the court is satisfied it is in the interests of justice.
694 Particular hearings not generally open to public

(1) This section applies to the following proceedings
(a) an appeal under chapter 13 to the Mental Health Court;
(b) a review under division 9 of the detention of a person.
(2) The hearing of the proceeding must not be open to the public
unless the court, by order, directs that the hearing or part of
the hearing be open to the public.
(3) However, the court may make an order directing that a
hearing or part of a hearing be open to the public only if the
court is satisfied
(a) the person the subject of the proceeding has agreed to
the order; and
(b) the order will not result in serious harm to the persons
health or risk the safety of anyone else.
695 Hearing about minor not open to public

(1) This section applies if a minor is the subject of a proceeding in
the Mental Health Court.
(2) The hearing of the proceeding is not open to the public.
(3) However, the court may permit a person to be present during
the hearing if the court is satisfied it is in the interests of
justice.
Page 450 2016 Act No. 5

[s 696]
696 Confidentiality order

(1) In a proceeding, the Mental Health Court may, by order (a
confidentiality order), prohibit or restrict the disclosure of
any of the following to the person the subject of the
proceeding
(a) information given before it;
(b) matters contained in documents filed with, or received
by, it;
(c) the reasons for its decision in the proceeding.
(2) However, the court may make a confidentiality order only if
satisfied the disclosure would
(a) cause serious harm to the health of the person; or
(b) put the safety of someone else at serious risk.
(3) If the court makes a confidentiality order, the court must
(a) disclose to the persons lawyer, or another representative
of the person, the information or matters mentioned in
subsection (1) to which the order relates; and
(b) give the lawyer or other representative written reasons
for the order.
Note
For the persons general right of representation, see section 683.
(4) If the person is not represented at the hearing of the
proceeding by a lawyer or another representative, the court
must ensure a lawyer or another representative is appointed
for subsection (3).
(5) A person must not contravene a confidentiality order unless
the person has a reasonable excuse.
Maximum penalty for subsection (5)200 penalty units.
2016 Act No. 5 Page 451

[s 697]
697 Costs
Each party to a proceeding in the Mental Health Court is to
bear the partys own costs of the proceeding.
698 Death or incapacity of member after hearing started

(1) This section applies if, after a member of the Mental Health
Court starts to hear a proceeding, the member dies or becomes
incapable of continuing to hear the proceeding.
(2) A party to the proceeding may, after giving at least 7 days
written notice to each other party to the proceeding, apply to
the president for an order directing the action to be taken in
the proceeding.
(3) The president may, on the application or on the presidents
own initiative, after consulting with the parties to the
proceeding
(a) order the proceeding be reheard; or
(b) adjourn the proceeding to allow the incapacitated
member of the court to continue when able; or
(c) with the consent of the parties, make an order the
president considers appropriate about
(i) deciding the proceeding; or
(ii) completing the hearing and deciding the
proceeding.
(4) If, under subsection (3)(a), a proceeding is reheard, the first
hearing is taken not to have happened.
(5) An order mentioned in subsection (3)(c) is taken to be a
decision of the Mental Health Court.
Page 452 2016 Act No. 5

[s 699]
699 Rule-making power

(1) The Governor in Council may make rules under this Act.
(2) However, rules relating to the Mental Health Court or the
registry may be made only with the consent of the president.
(3) Rules may be made about the following matters
(a) the practice and procedure for proceedings in the court;
(b) fees and expenses payable to witnesses;
(c) fees and costs payable in relation to proceedings in the
court and the party by or to whom they are to be paid;
(d) service of process, notices, orders or other things on
parties and other persons.
(4) Rules made under this section are rules of court.
700 Directions about practice

(1) Subject to this Act and the court rules, the practice and
procedure of the Mental Health Court are as directed by the
president.
(2) If this Act or the rules do not provide or sufficiently provide
for a particular matter, an application for directions may be
made to the president.
701 Annual report

(1) Within 90 days after the end of each financial year, the
president must prepare and give the Minister a report on the
operations of the Mental Health Court and the registry during
the year.
2016 Act No. 5 Page 453

[s 702]
(2) The report must also contain the other information required by
the Minister.
Assembly within 14 days after the day the Minister receives
it.
702 Purpose of pt 2
The purpose of this part is to provide for the following
(a) the continuation of the Mental Health Review Tribunal,
as formerly established under the repealed Mental
Health Act 2000;
(b) the constitution, jurisdiction and powers of the tribunal;
(c) procedural provisions for proceedings of the tribunal.

In this part
party, to a proceeding
(a) for a proceeding under chapter 12means a person who
has a right to appear in person at the hearing of the
proceeding; or
(b) for an appeal to the tribunal under chapter 13see
section 532.
Page 454 2016 Act No. 5

[s 704]
Division 2 Continuation, jurisdiction and

powers
704 Continuation of Mental Health Review Tribunal

(1) The Mental Health Review Tribunal, as formerly established
under the repealed Mental Health Act 2000, section 436, is
continued in existence.
(2) The tribunal consists of the president, the deputy president
and other members.
705 Jurisdiction and independence

(1) The tribunal has jurisdiction to
(a) review the following under chapter 12
(iv) a persons fitness for trial;
(v) the detention of a minor in a high security unit; and
(b) hear applications for the following
(ii) approvals of regulated treatment;
(iii) approvals of transfers of particular patients into
and out of Queensland; and
(c) decide appeals under chapter 13, part 2.
(2) In exercising its jurisdiction, the tribunal
(a) must act independently; and
(b) is not subject to direction or control by any entity,
including any Minister.
2016 Act No. 5 Page 455

[s 706]
706 Powers
(1) The tribunal may do all things necessary or convenient to be
done for, or in relation to, exercising its jurisdiction.
(2) Without limiting subsection (1), the tribunal has the powers
conferred on it under this Act.
Division 3 Members and staff of tribunal
707 Appointment of members

(1) The president is to be appointed by the Governor in Council
on a full-time basis.
(2) The deputy president and other members are to be appointed
by the Governor in Council on a full-time or part-time basis.
(3) A person is eligible for appointment as the president or deputy
president only if the person
(a) is a lawyer of at least 7 years standing; and
(b) has, in the Ministers opinion, sufficient knowledge of
administrative law and this Act.
(4) A person is eligible for appointment as another member only
if
(a) the person
(i) is a lawyer of at least 5 years standing; or
(ii) is a psychiatrist; or
(iii) has other qualifications and experience the
Minister considers relevant to exercising the
tribunals jurisdiction; and
(b) the Minister is satisfied the person has the competencies
developed by the president under section 714(3).
(5) In recommending a person for appointment as a member, the
Minister must have regard to
Page 456 2016 Act No. 5

[s 708]
(a) the need for a balanced gender representation in the

membership of the tribunal; and
(b) the range and experience of members; and
(c) the need for the membership of the tribunal to reflect the
social and cultural diversity of the general community.
(6) Also, in recommending a person for appointment as a
member, if the Minister is not responsible for administering
the Forensic Disability Act, the Minister must consult with the
Minister responsible for administering that Act.
(7) Members are appointed under this Act and not under the
708 Duration of appointment

(1) The president holds office for the term, of not more than 5
years, stated in the presidents instrument of appointment.
(2) The deputy president or another member holds office for the
term, of not more than 3 years, stated in the members
instrument of appointment.
709 Terms of appointment

(1) A member is entitled to be paid the remuneration and
allowances decided by the Governor in Council.
(2) For matters not provided for by this Act, a member holds
office on the terms and conditions decided by the Governor in
Council.
710 Resignation
A member may resign by signed notice given to the Minister.
2016 Act No. 5 Page 457

[s 711]

(1) The Governor in Council may terminate the appointment of a
member if the Governor in Council is satisfied the member
(a) has become incapable of satisfactorily performing the
members functions; or
(b) has performed the members functions carelessly,
incompetently or inefficiently; or
dismissal from the public service if the member were a
public service officer.
(2) The Governor in Council must terminate the appointment of a
member if the member
(a) ceases to be eligible for appointment as a member; or
712 Deputy president to act as president

The deputy president is to act in the office of the president
during
(a) any period the office is vacant; or
(b) all periods when the president is absent from duty or
from Queensland or, for another reason, can not perform
the functions of the office.
713 Executive officer and other staff

(1) There is to be an executive officer of the tribunal and other
staff necessary for the tribunal to exercise its jurisdiction.
(2) The executive officer and other staff are appointed under the
(3) The president is responsible for the organisational unit made
up of the staff of the tribunal and for the organisational units
efficient and effective administration and operation.
Page 458 2016 Act No. 5

[s 714]
(4) In performing a function or exercising a power under this Act,

the executive officer and other staff of the tribunal are subject
to the direction and control of the president.
714 Presidents functions generally

(1) The functions of the president include
(a) ensuring the quick and efficient discharge of the
tribunals business; and
(b) giving directions about
(i) the arrangement of the tribunals business; and
(ii) the number of members to constitute the tribunal
for a particular hearing; and
(iii) the members who are to constitute the tribunal for
a particular hearing; and
(iv) the places and times the tribunal is to sit; and
(c) other functions conferred on the president under this
Act.
(2) Also, the president must ensure the members are adequately
and appropriately trained to enable the tribunal to perform its
functions effectively and efficiently.
(3) For subsection (2), the president must develop competencies
in the following
(a) administrative law;
(b) the operation of this Act;
(c) mental health and intellectual disability issues,
including forensic mental health and forensic disability
issues.
(4) A direction mentioned in subsection (1) must not be
inconsistent with this Act.
2016 Act No. 5 Page 459

[s 715]
715 Presidents powers

(1) The president has the powers given under this Act.
(2) Also, the president may do all things necessary or convenient
to be done to perform the presidents functions.
Division 4 Constitution of tribunal for hearings
716 Particular proceedings

(a) a proceeding for a review under chapter 12; or
(b) a proceeding for hearing an application under
(i) chapter 12, part 9, division 1 for approval to
perform electroconvulsive therapy on a person; or
(ii) chapter 12, part 10, division 1 for approval of the
transfer into Queensland of a person subject to an
interstate forensic order; or
(iii) chapter 12, part 10, division 2 for approval of the
transfer out of Queensland of a person subject to a
forensic order (mental health), forensic order
(disability) or treatment support order; or
(c) an appeal under chapter 13, part 2.
(2) The tribunal must be constituted by at least 3, but not more
than 5, members of whom
(a) at least 1 must be a lawyer; and
(b) at least 1 must be a psychiatrist or, if a psychiatrist is not
readily available but another doctor is available, another
doctor; and
(c) at least 1 person who is not a lawyer or doctor.
(3) However, for a proceeding for a review of a treatment
authority for a person or for hearing an application for
approval to perform electroconvulsive therapy on a person, the
Page 460 2016 Act No. 5
[s 717]
tribunal may be constituted by fewer than 3 members if the

president is satisfied
(a) it is appropriate, expedient and in the persons best
interests to do so; and
(b) for hearing an application for approval to perform
electroconvulsive therapy on a
personelectroconvulsive therapy has been performed
on the person under section 237 or approval to perform
electroconvulsive therapy on the person is required
urgently.
717 Application for examination authority

(1) This section applies to a proceeding for hearing an application
under chapter 12, part 8 for an examination authority.
(2) The tribunal must be constituted by at least 1 member who is a
lawyer.
718 Application for approval to perform non-ablative

neurosurgical procedure
(1) This section applies to a proceeding for hearing an application
under chapter 12, part 9, division 2 for approval to perform a
non-ablative neurosurgical procedure on a person.
(2) The tribunal must be constituted by the following 5
members
(a) the president, deputy president or another member who
is a lawyer of at least 7 years standing;
(b) 2 members who are psychiatrists;
(c) 1 member who is a neurosurgeon;
(d) 1 member who is not a lawyer or doctor.
(3) In this section
neurosurgeon means
2016 Act No. 5 Page 461

[s 719]
(a) a person registered under the Health Practitioner

Regulation National Law to practise in the medical
profession as a specialist registrant in the speciality of
neurosurgery, other than as a student; or
(b) a person registered under the Health Practitioner
Regulation National Law with limited registration to
practise in an area of need in a specialist position in
neurosurgery.
719 Matters president to consider in constituting tribunal

(1) In deciding the tribunals constitution for a proceeding, the
president must
(a) for a proceeding in relation to an involuntary patient,
have regard to
(i) the safety and welfare of the patient and the safety
of others; and
(ii) the patients mental condition; and
(b) to the extent practicable, include a member who is
culturally appropriate to the person the subject of the
proceeding.
(2) Also, for a proceeding in relation to a minor, if the tribunal is
required to be constituted by at least 1 member who is a
psychiatrist, the psychiatrist must have relevant knowledge
and expertise in child and adolescent psychiatry.
Note
See sections 716(2) and 718 for when the tribunal is required to be
constituted by at least 1 member who is a psychiatrist.
720 Presiding member

(1) The presiding member for a proceeding is
(a) if the tribunal is constituted by 1 memberthe
constituting member; or
Page 462 2016 Act No. 5

[s 721]
(b) if the tribunal is constituted by more than 1

memberthe member decided by the president.
(2) However, if the tribunal is constituted under section 716(2),
717 or 718, the presiding member must be a lawyer.
Division 5 Examinations, confidentiality orders

and reports
721 Tribunal may order examination

(1) The tribunal may order a relevant person to submit to an
examination by a stated examining practitioner.
(2) If the proceeding is for a review under chapter 12, the
examining practitioner must not be responsible for the
relevant person.
(3) The order must state the matters on which the examining
practitioner must report to the tribunal.
(4) The order may, if the proceeding is for a review under chapter
12
(a) direct an authorised person to transport the relevant
person immediately to the examining practitioner; or
Note
(b) direct the relevant person to attend at the examining
practitioner within a stated time, of not more than 28
days, after the order is made.
Note
See chapter 11, part 6, division 3 for the powers that may be
used in relation to a person who does not comply with a
direction under paragraph (b).
(5) The order authorises the examining practitioner to examine
the relevant person without the persons consent.
2016 Act No. 5 Page 463
[s 722]
(6) The examining practitioner must give the tribunal a written

report on the examination.
(7) In this section
(a) a person who is the subject of a proceeding for a review
under chapter 12; or
(b) a person who is the subject of an application under
chapter 12, part 9, division 1 for approval to perform
electroconvulsive therapy; or
(c) a person who is the subject of an application under
chapter 12, part 10, division 2 for approval of the
transfer of the person out of Queensland.
722 Confidentiality order

(1) In a proceeding, the tribunal may, by order (a confidentiality
order), prohibit or restrict the disclosure of any of the
following to a person the subject of the proceeding
(a) information given before it;
(b) matters contained in documents filed with, or received
by, it;
(c) the reasons for its decision on the proceeding.
(2) However, the tribunal may make a confidentiality order only
if satisfied the disclosure would
(a) cause serious harm to the health of the person; or
(b) put the safety of someone else at serious risk.
(3) If the tribunal makes a confidentiality order, the tribunal
must
(a) disclose to the persons lawyer, or another
representative, the information or matters mentioned in
subsection (1) to which the order relates; and
Page 464 2016 Act No. 5

[s 723]
(b) give the lawyer or other representative written reasons

for the order.
(4) If the person is not represented at the hearing of the
proceeding by a lawyer or another representative, the tribunal
must ensure a lawyer or another representative is appointed
for subsection (3).
(5) A person must not contravene a confidentiality order unless
the person has a reasonable excuse.
723 Reports for particular review proceedings

(1) This section applies if the tribunal is reviewing any of the
following
(a) a treatment authority;
(b) a forensic order;
(c) a treatment support order;
(d) a persons fitness for trial;
(e) the detention of a minor in a high security unit.
(2) The tribunal must ensure a treating practitioner for the person
the subject of the review prepares a report, in the approved
form, about
(a) for a review mentioned in subsection (1)(a), (b) or
(c)the relevant circumstances of the person; and
(b) other matters relevant to a decision the tribunal may
make under chapter 12 on the review.
(3) At least 7 days before the hearing of the review, the treating
practitioner must give a copy of the report to
(a) the tribunal; and
(b) the person the subject of the review.
(4) However, the treating practitioner is not required to comply
with subsection (3)(b) if the treating practitioner intends to
2016 Act No. 5 Page 465
[s 724]
apply to the tribunal for a confidentiality order in relation to

the report.
(5) In this section
relevant circumstances, of a person, for a review mentioned
in subsection (1)(b) or (c), includes the nature of the relevant
unlawful act and the period of time that has passed since the
act happened.
treating practitioner, for a person the subject of a review,
means
(a) a psychiatrist treating the person; or
(b) a senior practitioner under the Forensic Disability Act
responsible for performing obligations for the person
under chapter 2, part 1 of that Act.
Division 6 Procedural provisions for ch 12

proceedings
Subdivision 1 Applications

This subdivision applies to an application made to the tribunal
under chapter 12.
725 Approved form

The application must be made in the approved form.
726 Frivolous or vexatious application

(1) If the application is made by the person who is the subject of
the proceeding or an interested person for the person, the
president may dismiss the application if the president is
satisfied the application is frivolous or vexatious.
Page 466 2016 Act No. 5
[s 727]
(2) The president may dismiss an application under this section

without a hearing.
727 Hearing of application

The tribunal must hear the application
(a) for an application under chapter 12, part 8 for an
examination authority or chapter 12, part 9, division 1
for approval to perform electroconvulsive therapy on a
person if a certificate under section 237(3) is in force for
the personas soon as practicable after the application
is made; or
(b) for any other application under chapter 12, part 9,
division 1within 14 days after the application is made;
or
(c) for any other applicationwithin 28 days after the
application is made.
Subdivision 2 Adjournment of hearing of

particular periodic reviews

(1) This subdivision applies if
(a) the administrator of an authorised mental health service
is responsible for a person (the relevant person) subject
to a treatment authority or treatment support order; and
(b) within 7 days before the hearing of a periodic review
under chapter 12 (the scheduled review) of the treatment
authority or treatment support order
(i) the relevant person becomes a patient required to
return; and
(ii) the relevant persons treating health service can not
locate the person.
2016 Act No. 5 Page 467
[s 729]
(2) This subdivision also applies if

(a) an authorised mental health service or the forensic
disability service is responsible for a person (also the
relevant person) subject to a forensic order (mental
health) or forensic order (disability); and
(b) within 14 days before the hearing of a periodic review
under chapter 12 (also the scheduled review) of the
forensic order
responsible for the relevant personthe relevant
person is a patient required to return and the
service can not locate the person; or
the relevant personthe relevant person is a
person to whom the Forensic Disability Act,
section 113 applies and the forensic disability
service can not locate the person.
729 Definitions for sdiv 2

In this subdivision
relevant person see section 728(1)(a) and (2)(a).
scheduled review see section 728(1)(b) and (2)(b).
730 Adjournment of hearing

(1) The administrator of the relevant persons treating health
service or of the forensic disability service must give the
tribunal written notice of the relevant persons absence.
(2) When the tribunal receives the notice
(a) the hearing of the scheduled review is taken to be
adjourned; and
(b) the requirement for the tribunal to conduct the scheduled
review under chapter 12, part 2, 3 or 5 stops applying.
Page 468 2016 Act No. 5
[s 731]
731 Hearing of scheduled review to be conducted on relevant

persons return
(1) On the return of the relevant person to the persons treating
health service or the forensic disability service, the
administrator of the persons treating health service or of the
forensic disability service must give the tribunal written notice
of the persons return.
(2) The tribunal must, within 21 days after the day it receives the
notice, hear the scheduled review.
Division 7 General procedural provisions
Subdivision 1 Preliminary

This division applies to any proceeding in the tribunal under
this Act.
733 Conducting proceedings generally

(1) The procedure for a proceeding is at the discretion of the
tribunal, subject to this Act and the tribunal rules.
(2) In all proceedings, the tribunal must act fairly and according
to the substantial merits of the case.
(3) In conducting a proceeding, the tribunal
(a) must observe the rules of natural justice; and
(b) must act as quickly, and with as little formality and
technicality, as is consistent with a fair and proper
consideration of the matters before the tribunal; and
(c) is not bound by the rules of evidence; and
(d) may inform itself on a matter in a way it considers
appropriate; and
2016 Act No. 5 Page 469
[s 734]
(e) must ensure, to the extent practicable, all relevant

material is disclosed to the tribunal to enable it to decide
the proceeding with all the relevant facts.
734 Presentation of partys case and inspection of

documents
(1) A party to a proceeding must be given a reasonable
opportunity to present the partys case and, in particular, to
inspect a document to which the tribunal proposes to have
regard in reaching a decision in the proceeding and to make
submissions about the document.
(2) However, subsection (1) does not apply to the extent a partys
inspection of a document would contravene a confidentiality
order or section 743.
Subdivision 2 Pre-hearing matters
735 Matters to be stated in notice of hearing

If the tribunal is required to give stated persons notice of the
hearing of a proceeding, the notice must state the following
(a) the nature of the hearing;
(b) the time and place of the hearing;
(c) the rights at the hearing of the person who is the subject
of the proceeding.
736 Right to appear

(1) A person who is entitled be given notice of the hearing of a
proceeding has a right to appear in person at the hearing.
(2) Also, without limiting subsection (1), the chief psychiatrist
may, with the leave of the tribunal, appear in person at the
hearing of a proceeding.
Page 470 2016 Act No. 5

[s 737]
(3) However, despite subsection (1), the following persons do not

have a right to appear in person at the hearing of a
proceeding
(b) the administrator of the forensic disability service;
(c) a person who is given notice of the hearing of the
proceeding under section 287.
737 Attorney-General to give notice of intention to appear

(1) This section applies in relation to the hearing of the following
proceedings
(a) a review under chapter 12, part 3, 4 or 6;
(b) an application under chapter 12, part 10.
(2) The Attorney-General may be represented at the hearing of
the proceeding by a lawyer.
(3) If the Attorney-General intends to appear or be represented at
the hearing of the proceeding, the Attorney-General must, as
soon as practicable and not later than 7 days before the
hearing, give written notice to the tribunal.
(4) The Attorney-Generals role at the hearing of the proceeding
is to represent the public interest.
738 Disclosure of documents to be relied on in hearing

(1) If a party to a proceeding intends to rely on a document in the
hearing of the proceeding, the party must give a copy of the
document to each other party to the proceeding at least 3 days
before the hearing.
(2) However, if the party intends to apply to the tribunal for a
confidentiality order in relation to a document, the party
(a) is not required to give a copy of the document under
subsection (1) to the person the subject of the
proceeding; and
2016 Act No. 5 Page 471
[s 739]
(b) if the person is represented by a lawyer or another

personmust give a copy of the document to the lawyer
or other person.
(3) In this section
document does not include a victim impact statement.
Subdivision 3 Hearings
739 Right of representation and support

(1) The person who is the subject of a proceeding may be
represented at the hearing of the proceeding by a nominated
support person, a lawyer or another person.
(2) Also, the person who is the subject of a proceeding may be
accompanied at the hearing of the proceeding by
(a) 1 member of the persons support network; or
(b) with the tribunals leave, more than 1 member of the
persons support network.
Note
See section 763 for the tribunals power to exclude a person from a
tribunal proceeding.
(3) A person who represents the person at the hearing of a
proceeding must
(a) to the extent the person is able to express the persons
views, wishes and preferencesrepresent the persons
views, wishes and preferences; and
(b) to the extent the person is unable to express the persons
views, wishes and preferencesrepresent the persons
best interests.
(4) In this section
support network, of a person, means
(a) the persons nominated support persons, if any; or
Page 472 2016 Act No. 5
[s 740]
(b) the persons family, carers and other support persons.
740 Appointment of representative

(1) This section applies if the person the subject of a proceeding
is not represented by a lawyer or another person at the hearing
of the proceeding.
(2) The tribunal may appoint a lawyer or another person (the
appointed representative) to represent the person if the
tribunal considers it would be in the persons best interests to
be represented at the hearing.
(3) Also, the tribunal must appoint a lawyer (also an appointed
representative) to represent the person at the hearing if
(a) the person is a minor; or
(b) the hearing is
(i) for a review under chapter 12, part 6 of the
persons fitness for trial;
(ii) for an application under chapter 12, part 9, division
1 for approval to perform electroconvulsive
therapy on the person;
(iii) another hearing prescribed by regulation; or
(c) the Attorney-General is to appear or be represented at
the hearing.
(4) If the person is an adult with capacity, the person may, in
writing, waive the right to be represented by the appointed
representative.
(5) For subsection (4), the person has capacity to waive the right
if the person has the ability to understand the nature and effect
of a decision to waive the right, and the ability to make and
communicate the decision.
(6) The appointment of a lawyer as the persons appointed
representative under subsection (2) or (3) is at no cost to the
person.
2016 Act No. 5 Page 473
[s 741]
741 Hearing not open to public

(1) A hearing of a proceeding must not be open to the public
unless the tribunal, by order, directs that the hearing or part of
the hearing be open to the public.
(2) However, the tribunal must not make an order directing that a
hearing be open to the public if the person the subject of the
hearing is a minor.
(3) Also, the tribunal may make an order directing that a hearing
or part of a hearing be open to the public only if the tribunal is
satisfied
(a) the person the subject of the hearing, or a lawyer or
other representative of the person, has agreed to the
order; and
(b) the order will not result in serious harm to the persons
health or risk the safety of anyone else.
(4) A person (an observer) may attend a hearing that is not open
to the public under this section to observe the hearing if
(a) the president gives approval for the observers
attendance at the hearing; and
(b) the person the subject of the hearing has agreed to the
observers attendance.
(5) However, the president may not give approval for an
observers attendance at the hearing if the person the subject
of the hearing is a minor.
742 Victim impact statement

(1) For the hearing of a review of a forensic order or treatment
support order, a victim of the relevant unlawful act, or a close
relative of the victim, may give the tribunal a victim impact
statement in relation to the act.
(2) The victim impact statement may include a request by the
victim or close relative that the tribunal impose a condition on
Page 474 2016 Act No. 5

[s 743]
the forensic order or treatment support order that the person

must not contact
(a) the victim or close relative; or
(b) another individual, including, for example, another close
relative of the victim.
(3) For this section, it does not matter whether the victim or the
close relative has previously
(a) prepared a victim impact statement for the Mental
Health Court in relation to the relevant unlawful act; or
(b) given the tribunal a victim impact statement in relation
to the relevant unlawful act.
743 Restrictions on disclosing victim impact statement

(1) The tribunal must not disclose the victim impact statement to
the person the subject of the review unless the victim or close
relative asks that the statement be disclosed to the person.
(2) Despite a request mentioned in subsection (1), the tribunal
may, by order, prohibit the disclosure of the victim impact
statement to the person if satisfied the disclosure may
(3) A person must not contravene an order made under subsection
(2) unless the person has a reasonable excuse.
(4) This section does not prevent the tribunal disclosing the
victim impact statement to a lawyer of the person the subject
of the review if satisfied the disclosure is in the best interests
of the person.
(5) Subject to subsection (3), the persons lawyer may disclose
the victim impact statement to the person only if the victim or
close relative asks that the statement be disclosed to the
person.
2016 Act No. 5 Page 475

[s 744]
(6) The persons lawyer must not disclose the victim impact
statement to the person in contravention of subsection (5)
unless the lawyer has a reasonable excuse.
(7) In this section
lawyer, of a person, includes another representative of the
person.
744 Requiring witness to attend or produce document or

thing
(1) The tribunal may, by written notice given to a person (an
attendance notice), require the person to
(a) attend the hearing of a proceeding at a stated time and
place to give evidence; or
(b) produce a stated document or thing that is relevant to the
hearing.
Examples of a document that may be relevant to a hearing
a medical report or clinical file for the person the subject of the
proceeding
Note
See section 760 for the consequences of failing to comply with an
attendance notice.
(a) require the evidence to be given on oath; or
(b) allow a person appearing as a witness at the hearing to
give information by tendering a written statement,
verified, if the tribunal directs, by oath.
(3) For subsection (2)(a), the tribunal may administer an oath.
745 Tribunal to allow party to call or give evidence

In a proceeding, the tribunal must allow a party to the
proceeding to call or give any evidence.
Page 476 2016 Act No. 5
[s 746]
746 Proceeding by remote conferencing or on the papers

(1) The tribunal may, if appropriate, conduct all or a part of a
proceeding by remote conferencing.
(2) Also, for the hearing of a proceeding for a review of a
treatment authority, the tribunal may conduct all or a part of
the proceeding entirely on the basis of documents, without the
parties, their representatives or witnesses appearing at the
hearing, if the person subject to the treatment authority does
not wish to attend or be represented by another person at the
hearing.
(3) Provisions of this Act applying to a hearing apply with
necessary changes in relation to a proceeding conducted under
subsection (1) or (2).
Examples of application of subsection (3)
1 If a hearing is conducted under subsection (1) or (2), section 741
continues to apply to the proceeding as if the parties to the
proceeding were present before the tribunal.
2 If a hearing is conducted under subsection (2), section 418 will
have no application.
747 Proceeding in absence of involuntary patient

(1) This section applies to a proceeding in relation to an
involuntary patient for whom an authorised mental health
service or the forensic disability service is responsible.
(2) The tribunal may hear the proceeding in the absence of the
patient if the tribunal considers
(a) either
(i) the administrator of the service responsible for the
patient has taken reasonable steps to ensure the
patient attends the hearing of the proceeding and
the patient is absent because of the patients own
free will; or
(ii) the patient is unfit to appear; and
(b) it is appropriate and expedient to do so.
2016 Act No. 5 Page 477
[s 748]
(3) Subsection (2) has effect despite division 7, subdivision 1.
748 Conducting hearings of proceedings at same time

(1) Nothing in this chapter prevents the tribunal hearing different
proceedings under this Act that relate to the same person at
the same time.
(2) Without limiting subsection (1), the tribunal may conduct the
hearings of more than 1 review under chapter 12 that relate to
the same person at the same time.
Examples of hearing more than 1 review at the same time
hearing an applicant review of a forensic order for a person at the
same time as a periodic review of the forensic order for the person
hearing a periodic review of a forensic order for a person at the
same time as a review of the persons fitness for trial
(3) In deciding whether to conduct more than 1 hearing for the
same person at the same time, the tribunal must have regard to
whether it is in the persons best interests to do so.
749 Adjourning hearing of proceeding

The tribunal may adjourn the hearing of a proceeding for
(a) if the adjournment is for the purpose of obtaining an
examination report under section 721 and the president
has approved that the hearing be adjourned for more
than 28 daysthe period approved by the president; or
(b) otherwisea period of not more than 28 days.
750 Appointing assistant

The tribunal may appoint a person with appropriate
knowledge or experience to assist it in a proceeding,
including, for example
Page 478 2016 Act No. 5

[s 751]
(a) a person with appropriate communication skills or

appropriate cultural or social knowledge or experience;
or
(b) a person with expertise in the care of persons with an
intellectual disability.
751 Dealing with documents or other things

(1) If a document or other thing is produced to the tribunal in a
proceeding, the tribunal may
(a) inspect the document or thing; and
(b) make copies of, photograph, or take extracts from, the
document or thing if it is relevant to the proceeding.
(2) The tribunal may also keep the document or thing while it is
necessary for the proceeding.
(3) While the tribunal keeps the document or other thing, the
tribunal must permit a person otherwise entitled to possession
of the document or thing to inspect, make copies of,
photograph, or take extracts from, the document or thing, at
the reasonable time and place the tribunal decides.
752 Way questions decided

(1) The tribunals decision on a question of law arising in a
proceeding is the decision of the presiding member on the
question.
(2) However, if the tribunal is constituted by 1 member who is
not a lawyer
(a) the member must refer the question of law to another
member who is a lawyer to decide; and
(b) the other member must decide the question; and
(c) for subsection (1), the decision of the other member is
taken to be the decision of the presiding member.
2016 Act No. 5 Page 479

[s 753]
(3) If the members constituting the tribunal in a proceeding are

divided in opinion about the decision to be made on another
question in the proceeding, the tribunals decision on the
question is
(a) if there is a majority of the same opinionthe decision
of the majority; or
(b) otherwisethe decision of the presiding member.
753 Referring question of law to Mental Health Court

(1) The president may refer a question of law in a proceeding
before the tribunal to the Mental Health Court.
(2) A referral under subsection (1) may be made on the
application of a party to the proceeding or on the presidents
own initiative.
(3) If a question of law is referred to the Mental Health Court
under subsection (1)
(a) the Mental Health Court may decide the question and
make ancillary orders and directions; and
(b) the tribunal must not make a decision about the matter to
which the question relates until it receives the Mental
Health Courts decision on the question; and
(c) the tribunal must not proceed in a way, or make a
decision, that is inconsistent with the Mental Health
Courts decision on the question.
(4) If the Mental Health Court decides a question of law referred
to it under subsection (1), the tribunals decision on the
question is the decision of the Mental Health Court.
(5) This section applies despite section 752.
754 Costs
Each party to a proceeding is to bear the partys own costs of
the proceeding.
Page 480 2016 Act No. 5
[s 755]
Subdivision 4 Decisions of tribunal
755 Notice of decision

(1) The tribunal must, within 7 days after making its decision in a
proceeding, give each person who was entitled to be given
notice of the hearing of the proceeding written notice of the
decision.
(2) The notice must
(a) state that the person to whom the notice is given may
ask the tribunal for written reasons for its decision; and
(b) state the rights under this Act to appeal the tribunals
decision.
(3) Also, if a proceeding is for a review of a persons fitness for
trial under chapter 12, part 6, the tribunal must give the
director of public prosecutions written notice of its decision.
756 Written reasons for decision

(1) The tribunal must, on request by a person mentioned in
section 755(1), give the person written reasons for the
tribunals decision.
(2) The tribunal must comply with the request within 21 days
after the day it receives the request.
(3) However, subsection (2) does not apply to the extent
complying with the request would contravene a
confidentiality order or section 743.
757 Requirement to give effect to tribunal decision

Each of the following persons must, as soon as practicable
after receiving notice of the tribunals decision in the
proceeding, ensure the tribunals decision is given effect
2016 Act No. 5 Page 481

[s 758]

the person the subject of the proceedingthe
administrator of the service;
person the subject of the proceedingthe administrator
of the service.
758 Publishing decision and reasons

(1) The tribunal may publish its final decision in a proceeding and
any reasons for the decision, including, for example, if the
tribunal is satisfied the decision or any reasons for the
decision may be used as a precedent, in a way it considers
appropriate.
(2) However, the publication of the decision or reasons for the
decision must not identify any person.
(3) Also, the tribunal must ensure the publication of the decision
or reasons does not contravene a confidentiality order or
section 743.
Subdivision 5 Revocation of particular forensic

orders and treatment support
orders
759 Order for missing person

(1) This section applies if a person who is subject to a relevant
order is, for a period of more than 3 years
(a) a patient required to return; or
(b) a person to whom the Forensic Disability Act, section
113 applies.
(2) Despite subsection (1), if the relevant order is a forensic order,
this section does not apply during any non-revocation period
for the order.
Page 482 2016 Act No. 5
[s 760]
(3) The president may revoke the relevant order for the person if
the president considers, on information provided to the
tribunal by the administrator of the persons treating health
service, or of the forensic disability service, that
(a) the person is unlikely to return to Queensland; or
(b) the person is presumed to have died.
(4) The tribunal must, within 7 days after the day the relevant
order is revoked, give written notice of the revocation to
the personthe administrator of the service; or
personthe administrator of the service.
(5) In this section
relevant order means
(a) a forensic order; or
(b) a treatment support order.
Division 8 Offences and contempt
760 Offences by witnesses

(1) A person given an attendance notice must not, without
reasonable excuse
(a) fail to attend as required by the notice; or
(b) fail to continue to attend as required by the tribunal until
excused from further attendance; or
(c) fail to produce a document or other thing the person is
required to produce by the attendance notice.
(2) A person appearing as a witness at a hearing of a proceeding
must not
2016 Act No. 5 Page 483
[s 761]
(a) fail to take an oath or make an affirmation when

required by the tribunal; or
(b) fail, without reasonable excuse, to answer a question the
person is required to answer by the tribunal.
(3) It is a reasonable excuse for a person to fail to answer a
question or to produce a document or other thing if answering
the question or producing the document or thing might tend to
incriminate the person.
761 False or misleading information or document

(1) A person must not state to the tribunal or staff member of the
tribunal anything the person knows is false or misleading in a
(2) A person must not give the tribunal or staff member of the
tribunal a document containing information the person knows
is false or misleading in a material particular.
(3) Subsection (2) does not apply to a person if the person, when
giving the document
(a) tells the tribunal or staff member of the tribunal, to the
best of the persons ability, how the document is false or
misleading; and
(b) if the person has, or can reasonably obtain, the correct
informationgives the correct information.
762 Fabricating evidence

The tribunal is a tribunal for the Criminal Code, section 126.
Note
The Criminal Code, section 126 deals with fabricated evidence in
judicial proceedings.
Page 484 2016 Act No. 5

[s 763]
763 Contempt of tribunal

(1) A person is in contempt of the tribunal if the person
(a) insults a member or a staff member of the tribunal at a
proceeding, or in going to or returning from a
proceeding; or
(b) unreasonably interrupts a proceeding, or otherwise
misbehaves at a proceeding; or
(c) creates or continues, or joins in creating or continuing, a
disturbance in or near a place where a proceeding is
being conducted; or
(d) obstructs or assaults a person attending a proceeding; or
(e) obstructs a member in the performance of the members
functions or the exercise of the members powers; or
(f) obstructs a person acting under an order made under this
Act by the tribunal or a member; or
(g) without lawful excuse, disobeys a lawful order or
direction of the tribunal made or given under this Act; or
(h) does anything at a proceeding or otherwise that would
be contempt of court if the tribunal were a court of
record.
(2) The tribunal may order that a person who contravenes
subsection (1) at a proceeding be excluded from the place
where the proceeding is being conducted.
(3) A staff member of the tribunal or a health practitioner, acting
under the tribunals order, may, with the help that is necessary
and reasonable in the circumstances, exclude the person from
the place.
764 Punishment of contempt

(1) Without limiting the tribunals power under section 763, a
persons contempt of the tribunal may be punished under this
section.
2016 Act No. 5 Page 485
[s 765]
(2) The president may certify the contempt in writing to the

Supreme Court (the court).
(3) For subsection (2), it is enough for the president to be satisfied
there is evidence of contempt.
(4) The president may issue a warrant directed to a police officer
or all police officers for the arrest of the person to be brought
before the court to be dealt with according to law.
(5) The Bail Act 1980 applies to the proceeding for the contempt
started by the certification in the same way it applies to a
charge of an offence.
(6) The court must inquire into the alleged contempt.
(7) The court must hear
(a) witnesses and evidence that may be produced against or
for the person whose contempt was certified; and
(b) any statement given by the person in defence.
(8) If the court is satisfied the person has committed the
contempt, the court may punish the person as if the person had
committed the contempt in relation to a proceeding in the
court.
(9) The Uniform Civil Procedure Rules 1999 apply to the courts
investigation, hearing and power to punish with necessary
changes.
(10) The presidents certificate of contempt is evidence of the
matters contained in the certificate.
765 Conduct that is contempt and offence

(1) If conduct of a person is both contempt of the tribunal and an
offence, the person may be proceeded against for the
contempt or for the offence.
(2) However, the person is not liable to be punished twice for the
same conduct.
Page 486 2016 Act No. 5

[s 766]
766 Protection and immunity for members

A member of the tribunal has, in the exercise of jurisdiction
under this Act, the same protection and immunity as a
Supreme Court judge in the performance of a judges
functions.
767 Protection and immunity for other persons

(1) A lawyer or another person who, under this Act, represents a
party to a proceeding has the same protection and immunity as
a barrister appearing for a party in a proceeding in the
Supreme Court.
(2) A person given an attendance notice or appearing before the
tribunal in a proceeding has the same protection and immunity
as a witness in a proceeding in the Supreme Court.
(3) A document produced to the tribunal in a proceeding has the
same protection it would have if produced in the Supreme
Court.
768 Rule-making power

(1) The Governor in Council may make rules for the tribunal
under this Act.
(2) Rules may be made about the following matters
(a) the practices and procedures of the tribunal;
(b) fees and expenses payable to witnesses;
(c) fees or costs payable in relation to proceedings and the
party by or to whom they are to be paid;
2016 Act No. 5 Page 487

[s 769]
(d) service of process, notices, orders or other things on

parties and other persons.
(3) Rules made under this section are rules of court.
769 Directions about practice

(1) Subject to this Act and the tribunal rules, the practice and
procedure of the tribunal are as directed by the president.
(2) If this Act or the rules do not provide or sufficiently provide
for a particular matter, an application for directions may be
made to the president.
770 Authentication of documents

A document requiring authentication by the tribunal is
sufficiently authenticated if it is signed by a member.
771 Judicial notice of particular signatures

Judicial notice must be taken of the signature of a member if it
appears on a document issued by the tribunal.
772 Delegation
The president may delegate the presidents powers under this
Act to the deputy president or another member.
773 Register
(1) The president must keep a register of
(a) applications for a review of any of the following
Page 488 2016 Act No. 5
Part 1 Preliminary
[s 774]

(iv) a persons fitness for trial;
(v) the detention of a minor in a high security unit; and
(b) applications for any of the following
(ii) approval to perform regulated treatment;
(iii) approval of the transfer of particular persons into
and out of Queensland; and
(c) reviews and applications heard by the tribunal; and
(d) decisions of the tribunal on the reviews and applications,
and the reasons for the decisions.
(2) The president may keep the register in the way the president
774 Annual report

(1) Within 90 days after the end of each financial year, the
president must prepare and give the Minister a report on the
tribunals operations during the year.
Assembly within 14 days after the day the Minister receives
it.
Part 1 Preliminary
2016 Act No. 5 Page 489
Part 1 Preliminary
[s 776]
(a) the confidentiality of information identifying persons

who have received health services for a mental illness;
and
(b) the use and disclosure of particular personal information
for particular purposes; and
(c) offences relating to the publication of particular judicial
proceedings.

In this chapter
designated person means a designated person under the
Hospital and Health Boards Act 2011, section 139.
government entity means a government entity under the
Public Service Act 2008, section 24.
personal information means
(a) personal information under the Information Privacy Act
2009, section 12; or
(b) confidential information under the Hospital and Health
Boards Act 2011, section 139.
777 Relationship of ch 17 with other Acts

This chapter applies to the use or disclosure of information
mentioned in this chapter despite any prohibition or limitation
on the use or disclosure under the Hospital and Health Boards
Act 2011, the Information Privacy Act 2009 or another Act.
Page 490 2016 Act No. 5

[s 778]
778 Confidentiality of information obtained by designated

person
(a) the chief psychiatrist;
(c) an authorised doctor;
(d) an authorised mental health practitioner;
(e) a member of the staff of the tribunal or registry;
(f) another designated person performing a function under
this Act;
(g) an independent patient rights adviser;
(h) an inspector;
(i) an authorised person.
(2) The person may use or disclose personal information to
perform a function under this Act.
(3) The Hospital and Health Boards Act 2011, sections 142 and
143 apply in relation to an independent patient rights adviser
as if a reference in the sections to a designated person
included a reference to an independent patient rights adviser.
(4) A designated person may disclose to a person mentioned in
subsection (1) information that is confidential information
under the Hospital and Health Boards Act 2011, section 139 if
the disclosure is for the purpose of enabling the person to
perform a function under this Act.
(5) Without limiting subsection (4), a designated person may
disclose personal information about a patient, including the
patients health records and written notices given under this
Act, to an independent patient rights adviser to enable the
adviser to perform functions under this Act.
2016 Act No. 5 Page 491
[s 779]
779 Confidentiality of information obtained by other persons

(1) This section applies to a person
(a) who is or has been
(i) a member of the tribunal; or
(ii) an assisting clinician; or
(iii) a person representing another person at the hearing
of a proceeding in the tribunal; or
(iv) a support person accompanying another person at
the hearing of a proceeding in the tribunal; and
(b) in that capacity acquires personal information.
(2) The person must not use the personal information or disclose
it to anyone else.
(3) However, the person may use or disclose the personal
information
(a) to the extent necessary to perform the persons functions
under this Act; or
(b) if the use or disclosure is otherwise required or
permitted by law; or
(c) if the person to whom the information relates consents
to the use or disclosure.
780 Disclosure to identify person with mental health defence

(1) This section applies to an employee of the department, a
Hospital and Health Service or another government entity.
(2) The employee may use or disclose personal information to
Page 492 2016 Act No. 5

[s 781]
(a) assist in the identification of a person who may have

been of unsound mind at the time of an alleged offence
or who may be unfit for trial; and
(b) enable the application to the person of provisions of this
Act relating to unsoundness of mind and unfitness for
trial.
781 Disclosure to identify and offer support to victims

(1) This section applies to an employee of the department, a
Hospital and Health Service or another government entity.
(2) The employee may use or disclose personal information to
assist in the identification of a person who is, or may be, a
victim for the purpose of offering support services to the
person.
(3) In this section
victim means
(a) a victim of an unlawful act committed by a person who
has, or may have, a mental condition; or
or
unlawful act mentioned in paragraph (a).
782 Disclosure for report by private psychiatrist

A designated person may disclose personal information about
a patient, including the patients health records and written
notices given under this Act, if the disclosure is to assist in the
preparation of a report by a psychiatrist privately engaged by
the patient or a lawyer or other person acting on behalf of the
patient.
2016 Act No. 5 Page 493

[s 783]
783 Disclosure of particular information relating to classified

patient
(1) This section applies if the chief psychiatrist considers a person
is, or may be, any of the following
is a classified patient;
(2) The chief psychiatrist may disclose the following personal
information about the classified patient to the person
(a) the fact that the patient is a classified patient in an
(b) the fact, and the date, of a transfer of the patient to
another authorised mental health service;
(c) the fact that the patient has become a patient required to
return, if the chief psychiatrist considers the information
is relevant to the safety and welfare of the person;
(d) if the patient stops being a classified patientthe fact
that, and the reasons why, the patient has stopped being
a classified patient.
(3) The chief psychiatrist may enter into arrangements with a
victim support service to enable the service, on behalf of the
chief psychiatrist, to give the information to the person.
(4) The person must give a written undertaking to preserve the
confidentiality of the information.
(5) The person must not contravene the undertaking.
784 Disclosure of particular information relating to person in

contact with forensic disability service
(1) This section applies for facilitating
Page 494 2016 Act No. 5
[s 785]
(a) the transfer of a person from the forensic disability

service to an authorised mental health service; and
(b) the transfer of a person from an authorised mental health
service to the forensic disability service; and
(c) the provision of care to a person subject to a forensic
order (disability).
(2) The chief psychiatrist or an administrator of an authorised
mental health service may disclose personal information
about the person to the director of forensic disability, the
administrator of the forensic disability service or another
entity responsible for providing care to the person.
(3) Also, the director of forensic disability, the administrator of
the forensic disability service, or another entity responsible
for providing care to the person may disclose personal
information about the person to the chief psychiatrist or the
administrator of an authorised mental health service.
785 Disclosure to lawyer

(1) A designated person may disclose personal information about
a patient, including the patients health records and written
notices given under this Act, to a lawyer if the disclosure is to
enable the lawyer to provide legal services to the patient, or
the State, for a proceeding in the Mental Health Court, the
tribunal or another court.
(2) If the lawyer is a representative of the State, the lawyer may
use the personal information, or disclose it to a victim, only to
the extent necessary for the performance of the lawyers
functions under this or another Act.
(3) In this section
victim means a person who is, or may be
is the subject of a proceeding before the Mental Health
Court or the tribunal; or
2016 Act No. 5 Page 495
[s 786]

or
786 Disclosure of photograph of patient required to return

(1) This section applies if the administrator of an authorised
mental health service is in possession of a photograph of a
person who
(a) is an involuntary patient or a classified patient
(voluntary); and
(b) has become a patient required to return.
(2) The administrator may disclose the photograph to the
commissioner of the police service, or another person
performing a function in an official capacity, to help locate the
person.
(3) To remove any doubt, it is declared that the administrator of
an authorised mental health service may require an
involuntary patient or a classified patient (voluntary) to be
photographed to facilitate the future operation of subsection
(2).
787 Disclosure of information for research purposes

(1) The registrar of the Mental Health Court may disclose
relevant information about a patient to a person undertaking
research if
(a) the registrar is satisfied the research is genuine; and
(b) the president of the Mental Health Court approves the
disclosure; and
(c) the person gives a written undertaking to preserve the
Page 496 2016 Act No. 5

[s 788]
(2) The executive officer of the tribunal may disclose relevant

information about a patient to a person undertaking research
if
(a) the executive officer is satisfied the research is genuine;
and
(b) the president of the tribunal approves the disclosure; and
(c) the person gives a written undertaking to preserve the
(3) A person must not contravene an undertaking given under
subsection (1)(c) or (2)(c).
(4) In this section
relevant information means information that is confidential
information disclosed to the Mental Health Court or tribunal.
Part 4 Offences relating to publication

of judicial proceedings

In this part
report, of a proceeding, includes a report of part of the
proceeding.
789 Publication of reports and decisions on

referencesMental Health Court and Court of Appeal
(1) A person must not publish a report of a proceeding in the
Mental Health Court or the Court of Appeal on a reference in
relation to a person, or a decision on the proceeding, before
the end of the prescribed day for the decision on the
proceeding.
2016 Act No. 5 Page 497
[s 789]

imprisonment.
(2) However, a person does not commit an offence against
subsection (1) if the person publishes the report with the leave
of the Mental Health Court or the Court of Appeal.
(3) In this section
decision leading to trial means a decision that
(a) the person is fit for trial; or
(b) the person is unfit for trial and the unfitness for trial is
not permanent; or
(c) the person was of diminished responsibility when the
offence of murder was allegedly committed, if the
proceeding is continued against the person for another
offence constituted by the act or omission to which the
offence of murder relates.
end day, in relation to a decision leading to trial, means
(a) the day the trial for the relevant offence ends; or
(b) for a decision mentioned in paragraph (b) of the
definition decision leading to trial, if the proceeding for
the relevant offence is discontinued under chapter 12,
part 6, division 2the day the proceeding is
discontinued.
prescribed day means
(a) for a decision of the Mental Health Court that is a
decision leading to trialthe end day; or
(b) for a decision of the Mental Health Court other than a
decision leading to trial
(i) if an appeal to the Court of Appeal against the
decision is started within 28 days after the date of
the decision and the appeal is not withdrawn
(A) if the Court of Appeal makes a decision
leading to trialthe end day; or
Page 498 2016 Act No. 5
[s 789]
(B) if the Court of Appeal returns the matter to

the Mental Health Court and the Mental
Health Court makes a decision other than a
decision leading to trialthe day that is 28
days after the date of the Mental Health
Courts decision; or
(C) otherwisethe day that is 28 days after the
date of the Court of Appeals decision; or
(ii) if an appeal to the Court of Appeal against the
decision is started within the 28 days but is later
withdrawnthe day that is 28 days after the date
of the Mental Health Courts decision; or
(iii) if an appeal to the Court of Appeal against the
decision is not started within the 28 days but within
that time the person elects to be brought to trial for
the offencethe day the trial for the offence ends;
or
(iv) otherwisethe day that is 28 days after the date of
the Mental Health Courts decision.
Examples of a decision of the Mental Health Court for paragraph
(b)
a decision made under section 116 that the person was of
unsound mind when the offence was allegedly committed
a decision made under section 118 that the person is unfit
for trial and the unfitness for trial is permanent
relevant offence means
(a) the offence to which the reference relates; or
(b) if the reference relates to the offence of murder and the
person was of diminished responsibility when the
offence was allegedly committedanother offence
constituted by the act or omission to which the offence
of murder relates.
2016 Act No. 5 Page 499

[s 790]
790 Publication of report of other proceedings

(1) A person must not publish a report of a proceeding of
(a) the tribunal; or
(b) the Mental Health Court relating to an appeal against a
decision of the tribunal; or
(c) the Mental Health Court relating to a review under
section 673.
imprisonment.
subsection (1) if the person publishes the report with the leave
of the tribunal or the Mental Health Court.
(3) The tribunal or the Mental Health Court may grant leave to
publish the report only if it is satisfied
(a) publication of the report is in the public interest; and
(b) the report does not contain information that identifies, or
is likely to identify
(i) the person the subject of the proceeding; or
(ii) a person who appears as a witness before the
tribunal or court in the proceeding; or
(iii) a person mentioned or otherwise involved in the
proceeding.
791 Publication of information disclosing identity of party to

proceeding
(1) A person must not publish information that identifies, or is
likely to lead to the identification of, a minor who is or has
been a party to a proceeding under this Act in the tribunal,
Mental Health Court or Court of Appeal.
imprisonment.
Page 500 2016 Act No. 5

[s 792]
(2) A person must not publish information that identifies, or is

likely to lead to the identification of, a person other than a
minor who is or has been a party to a proceeding mentioned in
section 790(1).
imprisonment.
subsection (2) if the person publishes the information with the
leave of the tribunal, the Mental Health Court or the Court of
Appeal.
(4) The tribunal, Mental Health Court or Court of Appeal may
grant leave to publish the information only if it is satisfied
(a) the publication is necessary to assist in lessening or
preventing a serious risk to
(i) the life, health or safety of a person, including the
person to whom the information relates; or
(ii) public safety; or
(b) the publication is in the public interest.
792 Publication of date of hearing permitted

Nothing in this part prevents the disclosure of a date, or time,
of a hearing to be held in the Mental Health Court.
793 Publication of information disclosed at hearing permitted

Subject to sections 789, 790 and 791, nothing in this part
prevents the disclosure of information disclosed in a hearing
of the Mental Health Court.
Note
For provisions other than in this part that prohibit the disclosure of
information disclosed in a hearing of the Mental Health Court, see, for
example, sections 164 and 696.
2016 Act No. 5 Page 501

[s 794]
794 Detention of involuntary patient must be in inpatient unit

If an involuntary patient is detained under this Act in an
authorised mental health service, the involuntary patient must
be detained in an inpatient unit of the service.
795 Use of audiovisual link for examination or assessment

An examination or assessment under this Act may be done by
an audiovisual link, if the person making the examination or
assessment considers it is clinically appropriate.
796 Disclosure by QCAT of information about personal

guardian
(1) This section applies to the following (each a QCAT official)
(a) a member of QCAT;
(b) the principal registrar or a registrar under the QCAT Act
or another member of the administrative staff of the
registry under that Act;
(c) an adjudicator or assessor appointed under the QCAT
Act.
(2) If requested by the executive officer of the tribunal, or an
employee of the department or a Hospital and Health Service
who is involved in the administration of this Act, the QCAT
official may disclose to the registrar, or the employee, the
following information
(a) whether a personal guardian has been appointed for a
stated individual;
(b) if a personal guardian has been appointedthe name
and contact details of the personal guardian.
(3) The QCAT official may disclose the information despite any
other law that would otherwise prohibit or restrict the
disclosure of the information.
Page 502 2016 Act No. 5
[s 797]
797 Protection of official from liability

(1) An official does not incur civil liability for an act done, or
omission made, honestly and without negligence under this
Act.
(2) If subsection (1) prevents a civil liability attaching to an
official, the liability attaches instead to the State.
(3) This section does not apply to an official if the official is a
State employee within the meaning of the Public Service Act
2008, section 26B(4).
(4) In this section
official means
(a) the Minister; or
or
(c) an authorised doctor; or
(d) an authorised mental health practitioner; or
(e) an inspector; or
(f) an authorised person; or
(g) a person acting under the direction of a person
mentioned in paragraphs (a) to (f).
798 Approved forms

(1) The president of the Mental Health Court may approve, for
this Act, forms for use by or in the Mental Health Court.
(2) The president of the tribunal may approve, for this Act, forms
for use by or in the tribunal.
(3) The chief psychiatrist may approve, for this Act, forms for use
in circumstances not mentioned in subsection (1) or (2).
2016 Act No. 5 Page 503

[s 799]
799 Electronic format for notices and other information

(1) This section applies if, under this Act, a person is required or
permitted to
(a) give a written notice or other information to another
person; or
(b) record information.
(2) The person may give the written notice or other information,
or record the information, electronically.
(3) The written notice or other information is given electronically
if it is given
(a) in an electronic format, and in a way, approved by the
chief psychiatrist; or
(b) under the Electronic Transactions (Queensland) Act
2001.
Note
Under the Electronic Transactions (Queensland) Act 2001, the person to
whom the information is required or permitted to be given must consent
to the information being given by an electronic communication. See
sections 11(2) and 12(2) of that Act.
(4) The information is recorded electronically if it is recorded in
an electronic format, and in a way, approved by the chief
psychiatrist.
(5) Also, a requirement for a written notice or other information
to be given to a person, or information to be recorded, in an
approved form is complied with if the information required in
the approved form is given under subsection (3) or recorded
under subsection (4).
(6) To remove any doubt, it is declared that the chief psychiatrist
may approve under subsection (3) or (4) an electronic format
that combines 1 or more approved forms, or is designed to be
used for 1 or more related purposes.
Page 504 2016 Act No. 5

Chapter 19 Repeal
[s 800]
800 Regulation-making power

The Governor in Council may make regulations under this
Act.
Chapter 19 Repeal
801 Repeal
The Mental Health Act 2000, No. 16 is repealed.
Part 1 Preliminary

In this chapter
commencement means the commencement of this chapter.
new Act means this Act.
repealed Act means the repealed Mental Health Act 2000.
803 Application of new Act in relation to proceedings for

alleged offences
(1) To the extent a provision of the new Act relates to a
proceeding for an alleged offence, the new Act applies if a
proceeding is started after the commencement.
(2) For subsection (1), it is irrelevant whether the offence is
alleged to have been committed before or after the
commencement.
2016 Act No. 5 Page 505
Part 2 Provisions about assessment and detention under chapters 2 and 3 of repealed Act
[s 804]
(3) To the extent subsection (1) is inconsistent with any other

provision of this chapter, the other provision prevails.
804 Detention under repealed Act

(1) A person detained or remanded in custody under the repealed
Act immediately before the commencement is taken to be
detained or remanded in custody under the new Act and may
be dealt with under the new Act.
(2) To the extent subsection (1) is inconsistent with any other
provision of this chapter, the other provision prevails.
Part 2 Provisions about assessment

and detention under chapters 2
and 3 of repealed Act
805 Assessment documents

(1) A request for assessment in force under the repealed Act
immediately before the commencement stops having effect on
the commencement.
(2) A recommendation for assessment in force under the repealed
Act immediately before the commencement
(a) is taken to be a recommendation for assessment under
the new Act; and
(b) remains in force for 7 days after it was made under the
repealed Act.
806 Persons subject to assessment documents

(1) This section applies if, immediately before the
commencement, a person for whom assessment documents
Page 506 2016 Act No. 5

[s 807]
were in force under the repealed Act was being taken under
that Act to a place.
(2) The repealed Act continues to apply in relation to the taking
of the person as if that Act had not been repealed.
807 Justices examination order

(1) An application for a justices examination order made under
the repealed Act but not decided before the commencement
may be heard, or continue to be heard, and dealt with under
that Act as if it had not been repealed.
(2) A justices examination order in force under the repealed Act
immediately before the commencement continues in force for
the period it would have been in force under that Act.
(3) For the purposes of a justices examination order made
because of the application of subsection (1) or mentioned in
subsection (2), the repealed Act, chapter 2, part 3, division 2
continues to apply as if the new Act had not commenced.
(4) On examination of a person under the repealed Act as applied
under subsection (3), a doctor or authorised mental health
practitioner may, under the new Act, decide to make a
(5) The recommendation for assessment is a recommendation for
assessment made under the new Act, section 39.
808 Emergency examination order

(1) Subsections (2) to (4) apply if, immediately before the
commencement, a police officer or an ambulance officer was
taking a person to an authorised mental health service under
the repealed Act, section 34.
(2) The repealed Act, sections 35 and 36 continue to apply in
relation to the persons mentioned in subsection (1) as if the
new Act had not commenced.
2016 Act No. 5 Page 507

[s 809]

(5) Subsections (6) to (8) apply if, immediately before the
commencement, a person
(a) was being taken to an authorised mental health service
under the repealed Act, section 39 by a psychiatrist,
police officer or ambulance officer; or
(b) was being detained in an authorised mental health
service under the repealed Act, section 40.
(6) The repealed Act, sections 39 and 40 continue to apply in
relation to the persons mentioned in subsection (5).
(9) The repealed Act, section 41 continues to apply in relation to
a person the subject of an examination mentioned in this
section.
809 Detention for assessment

commencement
(a) a person was detained in an authorised mental health
service for assessment under the repealed Act, section
44; and
(b) the assessment period for the person under that Act had
not ended; and
Page 508 2016 Act No. 5
[s 810]
(c) an assessment of the person under that Act had not been
made.
(2) The person is taken to be detained for assessment, and may be
dealt with, under the new Act.
(3) The assessment period for the person under the new Act is
taken to have started when the persons assessment period
started under the repealed Act, and may be extended in
compliance with the new Act.
810 Agreement for assessment

(1) This section applies to an agreement for assessment under the
repealed Act
(a) for a persons assessment at an authorised mental health
service; and
(b) that was in force immediately before the
commencement.
(2) For the new Act, the agreement for assessment is taken to be
an administrator consent under the new Act for the persons
transport to an authorised mental health service.
(3) If the person has not been taken for assessment to the
authorised mental health service within 72 hours from the
commencement, a doctor or authorised mental health
practitioner must give written notice to the chief psychiatrist
of that fact.
811 Custodians assessment authority

A custodians assessment authority under the repealed Act is
taken to be a custodian consent under the new Act for the
person subject to the authority.
812 Taking person to authorised mental health service

commencement
2016 Act No. 5 Page 509
[s 813]
(a) a recommendation for assessment and a custodians

assessment authority under the repealed Act were in
force for a person; and
(b) the person had not been taken to an authorised mental
health service, under the recommendation and authority,
for assessment.
(2) For the purposes of the new Act, the person may be
transported to the authorised mental health service under the
recommendation and authority.
813 Classified patients

(1) A classified patient under the repealed Act immediately
before the commencement is taken to be a classified patient
under the new Act.
(2) A classified patient who consented to being treated and was at
an authorised mental health service immediately before the
commencement is taken to be a classified patient (voluntary).
814 Report of authorised doctor

(a) under the repealed Act, section 74, an authorised doctor
had given the director a report about a patient; and
(b) the director had not considered the report under the
repealed Act, section 83 by the commencement.
(2) The report is taken to be a notice received by the chief
psychiatrist under the new Act, section 82 and the chief
psychiatrist must deal with the notice under that section.
815 Involuntary treatment orders

(1) An involuntary treatment order under the repealed Act that
was in force immediately before the commencement is taken
to be a treatment authority under the new Act.
Page 510 2016 Act No. 5
[s 815]
(2) On the commencement

(a) the category of the treatment authority is the category of
the involuntary treatment order; and
(b) the new Act applies in relation to the category of the
treatment authority as if the authority had been made
under the new Act.
(3) Any conditions of the involuntary treatment order, including
conditions about limited community treatment, are taken to be
conditions of the treatment authority.
(4) Subject to section 818, if, under the repealed Act and
immediately before the commencement, limited community
treatment was authorised under the involuntary treatment
order by an authorised doctor, the limited community
treatment is taken to be authorised under the new Act.
(5) If, immediately before the commencement, the person subject
to the involuntary treatment order had not been examined
under the repealed Act, section 112 by an authorised
psychiatrist, an authorised psychiatrist must review the
treatment authority under the new Act, section 56.
(6) If, immediately before the commencement, notice of the
making of the involuntary treatment order had not been given
under the repealed Act, section 113, notice must be given in
accordance with the new Act, section 55.
(7) An assessment of the person subject to the treatment authority
must be made under the new Act, section 205 within 3 months
after the commencement.
(8) Without limiting subsections (2) to (7)
(a) for the purposes of the new Act, the treatment authority
is taken to have been made when the involuntary
treatment order was made under the repealed Act; and
(b) the new Act applies in relation to the treatment authority
as if it were made under the new Act.
(9) To remove any doubt, it is declared that the person subject to
the involuntary treatment order is taken to have been subject
2016 Act No. 5 Page 511
Part 3 Provisions about assessment or detention of persons before a court or in custody
[s 816]
to the treatment authority for any period during which the

person was subject to the order.
Part 3 Provisions about assessment

or detention of persons before
a court or in custody under
816 Court assessment order

A court assessment order under the repealed Act, section 58
that was in effect immediately before the commencement is
taken to be an examination order under the new Act.
Part 4 Provisions about treatment and

care of patients under chapter
4 of repealed Act
817 Treatment plans

(1) This section applies if, before the commencement, a treatment
plan was prepared for a patient under the repealed Act, section
124.
(2) The treatment plan is taken to have been recorded by an
authorised doctor in the patients health records under the new
Act, section 202 as the treatment and care planned to be
provided to the patient under the new Act.
Page 512 2016 Act No. 5

Part 4 Provisions about treatment and care of patients under chapter 4 of repealed Act
[s 818]
818 Limited community treatment

commencement, limited community treatment was authorised
for a patient by an authorised doctor under the repealed Act,
section 129 or 131.
(2) The limited community treatment is taken to have been
authorised under the new Act, chapter 7.
(3) If the limited community treatment was authorised under the
repealed Act, section 129 or 131 subject to conditions, the
conditions are taken to have been imposed under the new Act,
chapter 7.
819 Monitoring conditions

commencement, a patient was subject to a monitoring
condition imposed under the repealed Act, section 131A.
(2) If the patient was a forensic patient, the monitoring condition
is taken to have been imposed under the new Act for the same
period and on the same conditions.
(3) However, if the monitoring condition required the person to
wear a tracking device, the monitoring condition stops having
effect on the commencement.
(4) If the patient was not a forensic patient, the monitoring
condition stops having effect on the commencement.
2016 Act No. 5 Page 513

Part 5 Provisions about electroconvulsive therapy under chapter 4 of repealed Act
[s 820]
Part 5 Provisions about

electroconvulsive therapy
820 Consent to electroconvulsive therapy

commencement, a patient had given informed consent to
electroconvulsive therapy under the repealed Act, section 139.
(2) The consent is taken to have been given under the new Act,
chapter 7, part 10.
821 Emergency electroconvulsive therapy

commencement, a certificate under the repealed Act, section
140 for emergency electroconvulsive therapy was in force.
(2) The certificate is taken to have been given under the new Act,
section 237(3).
Part 6 Provisions about movement,

transfer and temporary
absence of patients under
822 Move of patients interstate

(1) If, immediately before the commencement, the tribunal had
approved the move to another State of a person subject to a
forensic order
(a) the person is taken to have been transferred to the other
State under the new Act, chapter 12; and
Page 514 2016 Act No. 5
Part 6 Provisions about movement, transfer and temporary absence of patients under
[s 823]
(b) to remove any doubt, it is declared that, for the new Act,
section 528(3)(b), the 3-year period includes any period
before the commencement for which the person was out
of Queensland.
(2) If an application for approval of a move of a person to an
interstate mental health service was made under the repealed
Act, section 171 but not decided before the commencement,
the application may continue to be heard under the repealed
Act as if the new Act had not commenced.
(3) If the application is approved, the move is taken to be a
transfer approved under the new Act, chapter 12, part 10,
division 2.
Note
See the new Act, section 528 in relation to the effect of a transfer on a
persons forensic order (mental health), forensic order (disability) or
823 Temporary absences

commencement, the director under the repealed Act had
approved a temporary absence under the repealed Act, section
186.
(2) The temporary absence is taken to be approved by the chief
psychiatrist under the new Act, chapter 7 for the same period
and on the same conditions.
2016 Act No. 5 Page 515

Part 7 Provisions about tribunal reviews under chapter 6 of repealed Act
[s 824]
Part 7 Provisions about tribunal

reviews under chapter 6 of
repealed Act
Division 1 Orders and decisions made before

commencement
824 Particular orders and decisions not given effect before

commencement
(a) any of the following was made by the tribunal before the
commencement
(i) an order under the repealed Act, section 191(2)(c)
or 203(2)(d) to transfer a patient from 1 authorised
mental health service to another;
(ii) a decision under the repealed Act, section
197(1)(b) that a young patient be transferred from
a high security unit to an authorised mental health
service that was not a high security unit; and
(b) immediately before the commencement, the order or
decision had not been given effect.
(2) The order or decision must be given effect under the repealed
Act as if the new Act had not commenced.
825 Particular decisions unaffected by new Act

(1) This section applies to any of the following decisions made by
the tribunal before the commencement
(a) a decision under the repealed Act, section 212 about a
persons fitness for trial;
(b) a decision under the repealed Act, section 233 to
approve
Page 516 2016 Act No. 5
[s 826]
(i) an application for approval to administer

electroconvulsive therapy on a person; or
(ii) an application for approval to perform
psychosurgery that is a non-ablative neurosurgical
procedure.
(2) The decision continues in effect and is not affected by the
commencement of the new Act.
Division 2 Reviews and applications not

completed before commencement
826 Existing applications to tribunal

(1) Subsection (2) applies if any of the following applications was
made under the repealed Act, chapter 6 but not decided before
the commencement
(a) an application for a review;
(b) an application for approval to administer
electroconvulsive therapy on a person;
(c) an application for approval to perform psychosurgery
that is a non-ablative neurosurgical procedure.
(2) The review or application may be heard, or continue to be
heard, and dealt with under the repealed Act as if the new Act
had not commenced.
(3) However, the repealed Act, chapter 6, part 5A does not apply.
(4) If
(a) an application for approval to perform psychosurgery
was made under the repealed Act, chapter 6 but not
decided before the commencement; and
(b) the application was not an application mentioned in
subsection (1)(c);
on the commencement, the application lapses.
2016 Act No. 5 Page 517
[s 827]
827 Existing reviews started other than by an application

(1) This section applies if a following review was started under
the repealed Act but not decided before the commencement
(a) a periodic review or review on the tribunals initiative
under chapter 6, part 1 of the application of the
treatment criteria to a patient for whom an involuntary
treatment order was in force;
(b) a periodic review or review on the tribunals initiative
under chapter 6, part 2 of the detention of a young
patient in a high security unit for treatment or care;
(c) a periodic review or review on the tribunals initiative
under chapter 6, part 3 of a forensic patients mental
condition;
(d) a periodic review or review on the tribunals initiative
under chapter 6, part 4 of the mental condition of a
person charged with a relevant offence.
(2) The review may be heard, or continue to be heard, and dealt
with under the repealed Act as if the new Act had not
commenced.
(3) However, the repealed Act, chapter 6, part 5A does not apply
for the purposes of the review.
(4) On a review mentioned in subsection (1)(c), if the tribunal
confirms the forensic order for the patient, the tribunal must
consider each of the following for the purposes of the new
Act
(a) whether to change the category of the forensic order
(mental health) or forensic order (disability) to which
the person is subject under section 836 or 837;
(b) whether to order or approve, or revoke an existing order
or approval for, limited community treatment;
(c) whether the conditions to which the order is subject
remain appropriate.
(5) Subsection (4) does not limit the repealed Act, section 203.
Page 518 2016 Act No. 5
[s 828]
(6) In this section

periodic review means a review under the repealed Act,
section 187(1)(a), 194(1)(a), 200(1)(a) or 209(1).
828 Effect of tribunals decision on existing review

(1) A decision made by the tribunal on a review dealt with under
the repealed Act as continued in effect under this division has
effect for the new Act as if the decision were made under the
new Act.
(2) For subsection (1), the decision takes effect under the new
Act
(a) if the decision was made under the repealed Act, chapter
6, part 1in relation to the treatment authority taken to
be made for the person under this part; or
(b) if the decision was made under the repealed Act, chapter
6, part 3in relation to the forensic order (mental
health) or forensic order (disability) taken to be made
for the person under this part.
(3) A decision by the tribunal on an application for an approval
mentioned in section 826(1)(b) or (c) is taken to have been
made under the new Act, chapter 12, part 9.
829 When first periodic review under new Act must be

conducted
(1) This section provides for when a periodic review must be
conducted by the tribunal under the new Act, if the matter to
be reviewed arose under the repealed Act.
2016 Act No. 5 Page 519

[s 829]
(2) The first periodic review must be conducted under the new
Act as follows
Type of review Section of new When first periodic review under new
under new Act Act under which Act must be conducted
first periodic
review must be
conducted
Treatment authority taken to be made for person under s 815
(a) if no s 413(1)(a) 6 weeks after treatment authority was taken to
corresponding be made
review conducted
under repealed
Act
(b) if 1 s 413(1)(b) 6 months after last periodic review of
corresponding corresponding matter under repealed Act was
review conducted completed
under repealed
Act
(c) if 2 s 413(1)(c) 6 months after last periodic review of
reviews completed
conducted under
repealed Act
(d) if 3 or more s 413(1)(d) 12 months after last periodic review of
reviews completed
conducted under
repealed Act
Detention of a minor in a high security unit (detention started before
commencement)
(a) if no s 499(1)(a) 7 days after the detention started
corresponding
review conducted
under repealed
Act
(b) if 1 or more s 499(1)(b) 3 months after last periodic review of
reviews completed
conducted under
repealed Act
Page 520 2016 Act No. 5

[s 829]
Type of review Section of new When first periodic review under new
under new Act Act under which Act must be conducted
first periodic
review must be
conducted
Forensic order (mental health) or forensic order (disability) taken to have
been made under s 836 or 837
(a) if no s 433(1)(a) 6 months after order taken to have been made
corresponding
review conducted
under repealed
Act
(b) if 1 or more s 433(1)(b) 6 months after last periodic review of
reviews completed
conducted under
repealed Act
Persons fitness for trialrelevant court decision or jury finding made
before commencement
(a) if no s 486(1)(a) 3 months from the day of the relevant court
corresponding decision or jury finding
review conducted
under repealed
Act
(b) if 1 or more s 486(1)(b) (a) during the year starting on the day of
corresponding the relevant court decision or jury
reviews finding3 months after last periodic
conducted under review of corresponding matter under
repealed Act repealed Act was completed
(b) after the period mentioned in paragraph
(a)6 months after last periodic review
of corresponding matter under repealed
Act was completed
(3) In this section
corresponding review, under the repealed Act for a review
under the new Act, means
(a) for a review under the new Act of a treatment authority
taken to be made for a person under section 815a
periodic review of the application of the treatment
criteria to the person for whom an involuntary treatment
2016 Act No. 5 Page 521

[s 830]
order was in force under the repealed Act, chapter 6,

part 1; or
(b) for a review under the new Act of the detention of a
minor in a high security unita periodic review of the
detention of a young patient in a high security unit for
treatment or care under the repealed Act, chapter 6, part
2; or
(c) for a review under the new Act of a forensic order
(mental health) or forensic order (disability) taken to be
made for a person under section 836 or 837a periodic
review of the forensic patients mental condition under
the repealed Act, chapter 6, part 3; or
(d) for a review under the new Act of a persons fitness for
triala periodic review of the persons mental condition
under the repealed Act, chapter 6, part 4.
periodic review, under the repealed Act, means a review under
the repealed Act, section 187(1)(a), 194(1)(a), 200(1)(a) or
209(1)(a).
relevant court decision or jury finding, for a review of a
persons fitness for trial, means
(a) the decision made by the Mental Health Court under the
repealed Act that the person was unfit for trial and the
unfitness for trial was not of a permanent nature; or
(b) the jurys section 613 or 645 finding within the meaning
of the repealed Act in relation to the person.
830 Discontinuing proceeding for offence following review of

fitness for trial
(a) before the commencement on a reference under the
repealed Act the Mental Health Court decided a person
was unfit for trial and the unfitness for trial was not of a
permanent nature; and
Page 522 2016 Act No. 5
Part 8 Provisions about examinations, references and orders under chapter 7 of repealed
Act
[s 831]
(b) the proceeding against the person for the offence was
not discontinued or the person had not been found fit for
trial.
(2) For a review of the persons fitness for trial under the new Act,
if the tribunal decides the person is unfit for trial, chapter 12,
part 6, division 2, applies as if
(a) the decision of Mental Health Court mentioned in
subsection (1)(a) were the finding of unfitness in
relation to the person; and
(b) a period mentioned in the repealed Act, section
215(3)(a) or (b) were a period that must be disregarded
under the new Act, section 491(3).
831 Non-contact order ends

A non-contact order made under the repealed Act and in effect
immediately before the commencement stops having effect on
the commencement.
Part 8 Provisions about examinations,

references and orders under
Division 1 Examinations under chapter 7, part

2 of repealed Act
832 Making of reference under repealed Act by director or

director of public prosecutions
2016 Act No. 5 Page 523

Act
[s 833]
(a) before the commencement, the director was satisfied the

repealed Act, chapter 7, part 2 applied to an involuntary
patient; and
(b) immediately before the commencement, the director had
not under the repealed Act, section 240(1) referred the
matter of the patients mental condition relating to the
offence with which the patient was charged to the
Mental Health Court or director of public prosecutions.
(2) The repealed Act, chapter 7, parts 1 to 3 continues to apply, as
if the new Act had not commenced.
(3) A reference made to the Mental Health Court under the
repealed Act, section 240 or 247 as applied by this section is
taken to have been made under the new Act.
Division 2 References

This division applies if
(a) before the commencement, a reference of a persons
mental condition was made to the Mental Health Court
under the repealed Act; and
(b) immediately before the commencement, the reference
had not been decided by the court.
834 Hearing of reference continues under repealed Act

(1) The reference may be heard, or continue to be heard, and dealt
with under the repealed Act as if the new Act had not
commenced.
Note
See also section 858 in relation to suspension of the proceeding against
the person for the unlawful act to which the reference relates.
Page 524 2016 Act No. 5

Act
[s 835]
(2) A decision or order made by the court under the repealed Act,
chapter 7, part 6 is taken to have been made under the new
Act, chapter 5.
(3) Without limiting subsection (2)
(a) an order made by the court under the repealed Act,
section 273 is taken to have been made under the new
Act, section 124; and
(b) limited community treatment approved for the patient
by the court under the repealed Act, section 275 is taken
to be approved under the new Act.
(4) Despite subsection (1), the repealed Act, sections 278 and 279
do not apply if the court orders the detention of the patient in
an authorised mental health service.
(5) If the proceeding for the offence alleged to have been
committed by the person is stayed under the repealed Act,
section 280, the stay ends in accordance with the new Act.
835 Appeal against Mental Health Courts decision

(1) An appeal against a decision of the Mental Health Court on
the reference may be started under the repealed Act, chapter 8,
part 2.
(2) The Court of Appeal may hear and decide the appeal under
the repealed Act as if the new Act had not commenced.
Division 3 Forensic orders (Mental Health

Court) and forensic orders (Mental
Health CourtDisability)
836 Forensic order (Mental Health Court)

(1) This section applies to a forensic order (Mental Health Court)
under the repealed Act that
(a) was in force immediately before the commencement; or
2016 Act No. 5 Page 525
Act
[s 837]
(b) is made after the commencement under this chapter.

(2) The order is taken to be a forensic order (mental health) under
the new Act.
(3) On the commencement or relevant start day
(a) the category of the forensic order (mental health) is
inpatient; and
forensic order (mental health) as if the order had been
made under the new Act.
(4) Any conditions of the forensic order (Mental Health Court),
including a non-contact condition, are taken to be conditions
of the forensic order (mental health).
(a) for the purposes of the new Act, the forensic order
(mental health) is taken to have been made when the
forensic order (Mental Health Court) was or is made
under the repealed Act; and
(b) the new Act applies in relation to the forensic order
(mental health) as if it were made under the new Act.
the forensic order (Mental Health Court) is taken to have been
subject to the forensic order (mental health) for any period
during which the person was subject to the forensic order
(Mental Health Court).
(7) In this section
relevant start day, for a forensic order (mental health) taken to
have been made after the commencement under this chapter,
means the day the order is taken to have been made.
837 Forensic order (Mental Health CourtDisability)

(1) This section applies to a forensic order (Mental Health
CourtDisability) under the repealed Act that
Page 526 2016 Act No. 5
Act
[s 837]
(a) was in force immediately before the commencement; or

(b) is made after the commencement under this chapter.
(2) The order is taken to be a forensic order (disability) under the
new Act.
(a) the category of the forensic order (disability) is
inpatient; and
forensic order (disability) as if the order had been made
under the new Act.
(4) Any conditions of the forensic order (Mental Health
CourtDisability), including a non-contact condition, are
taken to be conditions of the forensic order (disability).
(disability) is taken to have been made when the
forensic order (Mental Health CourtDisability) was
made under the repealed Act; and
(disability) as if it were made under the new Act.
the forensic order (Mental Health CourtDisability) is taken
to have been subject to the forensic order (disability) for any
period during which the person was subject to the forensic
order (Mental Health CourtDisability).
(7) In this section
relevant start day, for a forensic order (disability) taken to
have been made after the commencement under this chapter,
means the day the order is taken to have been made.
2016 Act No. 5 Page 527

Act
[s 838]
838 Limited community treatment for forensic patient

(1) This section applies to a forensic order (mental health) or
forensic order (disability) taken to have been made for a
person under this division.
(2) If, under the repealed Act, limited community treatment for
the person was ordered or approved by the Mental Health
Court or the tribunal, or authorised by an authorised doctor
(a) the limited community treatment is taken to be ordered
or approved, or authorised, under the new Act; and
(b) the nature and extent of the limited community
treatment continues unaffected by the commencement
of the new Act.
(3) If the limited community treatment was authorised under the
repealed Act by an authorised doctor, the authorisation may
be amended or revoked by an authorised doctor under the
repealed Act as if the new Act had not commenced.
(4) However, subsection (3) does not apply if the forensic order
(mental health) or forensic order (disability) has been
reviewed under the new Act.
839 Review of forensic order under new Act

(1) This section applies to a forensic order (mental health) or
forensic order (disability) taken to have been made for a
person under this division.
(2) When the tribunal first reviews the order under the new Act,
chapter 12, the tribunal must, if it confirms the order, consider
the following
(a) whether the category of the order should be
(i) inpatient; or
(ii) community;
(b) whether to order or approve, or revoke an existing order
or approval for, limited community treatment;
Page 528 2016 Act No. 5
Act
[s 840]
(c) whether the conditions to which the order is subject

remain appropriate.
(3) This section does not limit the powers of the tribunal under
the new Act, chapter 12, part 3.
840 Order approving interstate transfer under s 288B of

repealed Act
(1) This section applies if, before the commencement under a
forensic order (Mental Health Court) or forensic order
(Mental Health CourtDisability), the Mental Health Court
approved a patient move out of Queensland.
(2) On the commencement, the approval is taken to be an
approval for the transfer of the patient given under the new
Act, chapter 12, part 10, division 2.
(3) To remove any doubt, it is declared that, for the new Act,
section 528(3)(b), the 3-year period includes any period
before the commencement for which the person was out of
Queensland.
Note
See the new Act, section 528 in relation to the effect of a transfer on a
persons forensic order (mental health), forensic order (disability) or
841 Forensic order (Criminal Code)

To remove any doubt, it is declared that the new Act applies in
relation to a forensic order (Criminal Code) within the
meaning of the repealed Act that was made before the
commencement.
2016 Act No. 5 Page 529

Act
[s 842]
842 Custody order

(1) This section applies if a custody order was in effect under the
repealed Act immediately before the commencement.
(2) The repealed Act, chapter 7, part 7, division 2, subdivision 3
continues to apply in relation to the custody order.
843 Forensic order (Minister)

(1) This section applies if a forensic order (Minister) is
(a) in effect for a person immediately before the
commencement; or
(b) made under the repealed Act, chapter 7, part 7, division
2, subdivision 3 as continued in effect under section
842(2).
(2) From the commencement or relevant start day, the order is
taken to be a forensic order (mental health) under the new Act.
(a) the category of the forensic order (mental health) is
inpatient; and
forensic order (mental health) as if the order had been
made under the new Act.
(mental health) is taken to have been made when the
forensic order (Minister) was made under the repealed
Act; and
(mental health) as if it were made under the new Act.
(5) In this section
relevant start day, for a forensic order (Minister) mentioned
in subsection (1)(b), means the day the order is made.
Page 530 2016 Act No. 5

Part 9 Provisions about information orders under chapter 7A of repealed Act
[s 844]
844 Forensic disability client temporarily detained in

commencement, a forensic disability client was detained in an
authorised mental health service under the repealed Act,
section 309B.
(2) The repealed Act, section 309B continues to apply for the
detention of the client in the authorised mental health service.
Part 9 Provisions about information

orders under chapter 7A of
repealed Act
845 Forensic information orders

commencement, a person was entitled to receive information
for a patient under a forensic information order under the
repealed Act.
(2) The person is taken to be entitled to receive the information
mentioned in the new Act, schedule 1 under an information
notice under the new Act.
846 Classified patient information orders

commencement, a person was entitled to receive information
for a patient under a classified patient information order under
the repealed Act.
(2) The information may continue to be disclosed to the person
for the purposes of the new Act, chapter 17.
2016 Act No. 5 Page 531

Part 10 Provisions about security of authorised mental health services under chapter 10 of
repealed Act
[s 847]
Part 10 Provisions about security of

authorised mental health
services under chapter 10 of
repealed Act
847 Exclusion of visitors

commencement, the administrator of an authorised mental
health service had given a notice, under the repealed Act,
section 374, to a person refusing to allow the person to visit a
patient in the health service.
(2) The notice is taken to have been given under the new Act,
section 408.
Part 11 Provisions about Mental Health

Court under chapter 11 of
repealed Act
848 Mental Health Court registry

(1) The Mental Health Court Registry established under the
repealed Act continues in existence under the new Act.
(2) Without limiting subsection (1), the employment of the
registrar and other staff under the repealed Act immediately
before the commencement is not affected by the
commencement of the new Act.
849 Court examination order

Page 532 2016 Act No. 5

[s 850]
(a) a court examination order was made under the repealed

Act, section 422 before the commencement; and
(b) immediately before the commencement, the person was
detained under the repealed Act, section 424(5).
(2) The court examination order continues in effect under the
repealed Act as if the new Act had not commenced.
(3) The repealed Act, sections 422 to 425 continue to apply for
the purposes of the persons examination and detention under
the order.
850 Inquiry into detention of patient in authorised mental

health service
An inquiry started by the Mental Health Court under the
repealed Act, chapter 11, part 9 but not completed before the
commencement may be completed under the repealed Act as
if the new Act had not commenced.
851 Mental Health Court, tribunal or another court may make

orders about transition from repealed Act to new Act
(1) If this chapter makes no or insufficient provision for the
transition to the new Act of a matter before a court, the court
may make the order it considers appropriate.
(2) The order may be made
(a) on application of the chief psychiatrist or a party to a
proceeding before the court; or
(b) on the initiative of the court.
(3) In this section
2016 Act No. 5 Page 533

[s 852]
court means the Mental Health Court, the tribunal or another

court.
852 Notices generally

(1) Subsection (2) applies if, immediately before the
commencement, a person was required under a provision of
the repealed Act to give written or other notice about a
particular matter under the repealed Act and had not given the
notice.
(2) The person must give the notice under the provision of the
new Act that deals with similar matters to the matters for
which notice was required to be given under the repealed Act.
(3) Subsection (4) applies if
(a) a person has given a written or other notice about a
particular matter under the repealed Act; and
(b) on the commencement, a person who would have been
required or authorised to do something under the
repealed Act on receiving the notice has not yet done the
thing; and
(c) a provision of the new Act deals with similar matters to
the matters for which the notice was required to be given
under the repealed Act and requires or authorises a
person to do something on receiving notice of the
matters.
(4) The requirement or authorisation under the new Act applies in
relation to the person required or authorised to do the thing.
853 Records made under repealed Act

(1) A record about a person that the administrator of an
authorised mental health service was required to keep under
the repealed Act immediately before the commencement must
be kept with the patients health records mentioned in the new
Act, section 336.
Page 534 2016 Act No. 5
[s 854]
(2) Subsection (1) applies subject to a direction made by the chief

psychiatrist.
854 Material submitted by victim or concerned person

(1) Material submitted to the Mental Health Court under the
repealed Act, section 284 is taken to be a victim impact
statement given to the court for the purposes of the new Act.
(2) Material submitted to the tribunal under the repealed Act,
section 464 is taken to be a victim impact statement given to
the tribunal for the purposes of the new Act.
855 Subpoenas
A subpoena issued under the repealed Act before the
commencement is taken to have been issued under the new
Act.
856 Authorised mental health services and high security

units
(1) An authorised mental health service under the repealed Act is
an authorised mental health service under the new Act.
(2) A high security unit under the repealed Act is a high security
unit under the new Act.
857 Office holders

(1) This section applies to a person holding office under the
repealed Act, by appointment or otherwise, immediately
before the commencement if the persons office is provided
for under the new Act.
(2) The person continues to hold the office under the new Act.
Example of persons who continue to hold office under the new Act
the administrator of an authorised mental health service or high
security unit
2016 Act No. 5 Page 535

[s 858]
an authorised doctor or authorised mental health practitioner

the president and other members of the Mental Health Court
the registrar of the Mental Health Court
the president and other members, and executive officer, of the
tribunal
(3) If the name of the office has changed under the new Act, the
person holds office under the changed name.
(4) Without limiting subsection (3)
(a) the director under the repealed Act is the chief
psychiatrist on the commencement; and
(b) an assisting psychiatrist is an assisting clinician on the
commencement.
(5) The person holds office
(a) for the remainder of the term, if any, provided for under
the repealed Act; and
(b) on the conditions provided for under the new Act.
858 Suspended proceedings

(1) This section applies to a proceeding for an offence if,
immediately before the commencement, the proceeding was
suspended under the repealed Act.
(2) The suspension ends in accordance with the new Act.
859 Reviews relating to serious risks

(1) This section applies to a review under the repealed Act,
section 493AC if the review was started but not completed
before the commencement.
(2) The review may be continued under the new Act, chapter 10,
part 5 by the chief psychiatrist as if the chief psychiatrist were
directed to undertake the review under that part.
Page 536 2016 Act No. 5

[s 860]
860 Appeals
(1) An appeal against a decision mentioned in the repealed Act,
section 319 made before the commencement may be started or
continued under the repealed Act, chapter 8, part 1.
(2) The Mental Health Court may hear, or continue to hear, and
decide the appeal under the repealed Act as if the new Act has
not commenced.
(3) An appeal against a decision of the Mental Health Court on a
reference made before the commencement may be started or
continued under the repealed Act, chapter 8, part 2.
(4) The Court of Appeal may hear, or continue to hear, and decide
the appeal under the repealed Act as if the new Act had not
commenced.
(5) For giving effect to a decision under subsection (2) or (4), the
court may make the orders it considers necessary having
regard to the new Act.
861 Annual reports

(1) This section applies if a person was required to give a report
under the repealed Act, section 435, 487 or 494 (each a
previous section) and the report has not been given before the
commencement.
(2) The person is not required to give the report.
(3) If, under subsection (2), the person does not give the report,
the first report given under a provision of the new Act that
corresponds to the previous section must include the matters
that would have been required to be included in the report
under the previous section.
862 References to orders and authorities under repealed Act

A reference in a document to an order or authority under the
repealed Act may, if the context permits, be taken to include a
2016 Act No. 5 Page 537

[s 863]
reference to a corresponding order or authority provided for

under the new Act.
863 Application of new Act, s 420

The new Act, section 420 does not apply to a review under the
new Act, section 413(1)(c) until 1 year after the
commencement of section 413.
864 Transitional regulation-making power

(1) A regulation (a transitional regulation) may make provision
about a matter for which
(a) it is necessary to make provision to allow or facilitate
the doing of anything to achieve the transition from the
operation of the repealed Act to the operation of the new
Act; and
(b) the new Act does not make provision or sufficient
provision.
(2) A transitional regulation may have retrospective operation to a
day not earlier than the day of commencement.
(3) A transitional regulation must declare it is a transitional
regulation.
(4) This section and any transitional regulation expire 1 year after
the day of the commencement.
Page 538 2016 Act No. 5

[s 865]
865 Act amended

This part amends this Act.
866 Amendment of long title

Long title, from , to repeal
omit.
867 Code amended

This part amends the Criminal Code.
868 Amendment of ss 145A(a), 227C(3), definition lawful

custody, 266 and 358
Sections 145A(a), 227C(3), definition lawful custody, 266 and 358,
omit, insert
869 Amendment of s 613 (Want of understanding of accused

person)
Section 613(3), from kept in custody
omit, insert
2016 Act No. 5 Page 539

[s 870]
admitted to an authorised mental health service to be

dealt with under the Mental Health Act 2016.
870 Amendment of s 645 (Accused person insane during trial)

Section 645(1), from kept in strict custody
omit, insert
871 Amendment of s 647 (Acquittal on ground of insanity)

Section 647(1), from kept in strict custody
omit, insert
872 Amendment of s 668F (Powers of Court in special cases)

Section 668F(4), kept in strict custody
omit, insert
dealt with under the Mental Health Act 2016
873 Amendment of s 678 (Definitions)

Section 678(1), definition acquittal, paragraph (b)(ii), Mental
Health Act 2000, section 281
omit, insert
Mental Health Act 2016, section 119
Page 540 2016 Act No. 5

[s 874]
Part 3 Amendment of Forensic

Disability Act 2011
874 Act amended

This part amends the Forensic Disability Act 2011.
875 Amendment of s 4 (How purpose is to be achieved)

Section 4(d)(iii), limited
omit.
876 Amendment of s 6 (Application of Act)

Section 6, forensic order (Mental Health CourtDisability)
omit, insert
forensic order (disability)
877 Amendment of s 7 (General principles)

Section 7(e), second dot point, example
omit.
878 Amendment of s 10 (Who is a forensic disability client)

(1) Section 10(1) to (4)
omit, insert
(1) A forensic disability client is an adult who has an
intellectual or cognitive disability for whom a
forensic order (disability) is in force if, under the
Mental Health Act, the forensic disability service
is responsible for the adult.
Note
2016 Act No. 5 Page 541

[s 879]
See the Mental Health Act, section 147 in relation to

who is responsible for an adult for whom a forensic
order (disability) is in force.
(2) Section 10(5), limited
omit.
(3) Section 10(5)
renumber as section 10(2).
879 Amendment of s 14 (Preparing plan for client)

Section 14(6), definition relevant plans, paragraph (c), treatment
plan under the Mental Health Act applying to the client
omit, insert
planned treatment and care recorded in the clients
health records under the Mental Health Act
880 Amendment of s 15 (Content of plan)

Section 15(3), note, limited
omit.
881 Replacement of ch 2, pt 2, hdg (Limited community

treatment)
Chapter 2, part 2, heading
omit, insert
Part 2 Community treatment
882 Amendment of s 20 (Authorising limited community

treatment)
(1) Section 20, limited
omit.
(2) Section 20(2), from only if
Page 542 2016 Act No. 5
[s 882]
omit, insert
only if
(a) the tribunal or Mental Health Court has
ordered or approved the community
treatment; and
(b) the senior practitioner is satisfied, having
regard to the matters stated in subsection
(3), there is not an unacceptable risk to the
safety of the community, because of the
clients intellectual or cognitive disability,
including the risk of serious harm to other
persons or property.
(3) Section 20
insert
(3) For subsection (2), the senior practitioner must
have regard to the following matters
(a) for limited community treatmentthe fact
that the purpose of limited community
treatment is to support the clients
rehabilitation by transitioning the client to
living in the community with appropriate
care and support;
(b) the clients current mental state and
(c) the clients social circumstances, including,
for example, family and social support;
(d) the clients response to care and support
including, if relevant, the clients response
to care and support in the community;
(e) the clients willingness to continue to
receive appropriate care and support;
(f) the nature of the unlawful act that led to the
making of the applicable forensic order and
2016 Act No. 5 Page 543
[s 883]
the amount of time that has passed since the

act occurred.
(4) Also, if the senior practitioner authorises the
community treatment, the senior practitioner
must have regard to the matters mentioned in
subsection (3) in deciding the nature and
conditions of the community treatment.
883 Amendment of s 21 (Limited community treatment on

order of tribunal or Mental Health Court)
(1) Section 21, heading, Limited community
omit, insert
Community
(2) Section 21, limited
omit.
884 Amendment of s 22 (What individual development plan

must state about limited community treatment)
Section 22, limited
omit.
885 Amendment of s 26 (Who is allied person if client does

not have capacity to choose)
Section 26(2), or the Mental Health Act
omit.
886 Insertion of new ch 4, pts 3 and 4

Chapter 4
insert
Page 544 2016 Act No. 5

[s 886]
Part 3 Temporary absence
32A Absence of client with directors approval

(1) The director may, by written notice, approve the
absence of a forensic disability client from the
(a) to receive medical, dental or optical
treatment; or
(b) to appear before a court, tribunal or other
body; or
(c) for another purpose the director considers to
be appropriate on compassionate grounds.
(2) The notice must state the approved period of
absence.
(3) The approval may be given on the conditions the
director considers appropriate, including, for
example, a condition that the client is to be in the
care of a stated person for the period of absence.
Part 4 Rights of allied person
32B Allied person to be notified of transfer of

responsibility for forensic disability client
(1) This section applies if the responsibility for a
forensic disability client is transferred, under
section 113A or the Mental Health Act, chapter
11, part 5
(a) from the forensic disability service to an
authorised mental health service; or
(b) from an authorised mental health service to
the forensic disability service.
2016 Act No. 5 Page 545

[s 887]
(2) The administrator must give the clients allied

person notice of the transfer of responsibility for
the client.
(3) Subsection (2) does not apply if the allied person
is the clients nominated support person under the
Mental Health Act.
887 Omission of ch 5 (Transfer and temporary absence of

forensic disability clients)
Chapter 5
omit.
888 Amendment of s 47 (Relationship with Disability Services

Act)
Section 47(a), limited
omit.
889 Amendment of s 84 (Procedure for appeal)

(1) Section 84(1), 376 to 380
omit, insert
534 to 537
(2) Section 84(2)
omit, insert
(2) For subsection (1), the Mental Health Act,
section 534(2) applies as if a reference to a
decision notice were a reference to the notice of
the decision required to be given under section
82(2).
Page 546 2016 Act No. 5

[s 890]
890 Amendment of s 91 (Policies and procedures about

detention, care and support of clients)
Section 91(2)(c), special notification clients
omit, insert
forensic disability clients for whom the offence
leading to the making of the applicable forensic order
is a prescribed offence within the meaning of the
Mental Health Act
891 Omission of s 92 (Giving information about client to

director (mental health) or nominee)
Section 92
omit.
892 Omission of s 98 (Administrators obligation to ensure

forensic order is given effect)
Section 98
omit.
893 Amendment of s 113 (Taking client to forensic disability

service or authorised mental health service)
(1) Section 113(1)(f), the Mental Health Act, section 309B has
ended. and note
omit, insert
section 113A has ended.
(2) Section 113(2)(b)(ii)
omit, insert
(ii) the director and the chief psychiatrist
agree that the client be taken to the
authorised mental health service for
2016 Act No. 5 Page 547

[s 894]
temporary detention under section

113A.
(3) Section 113(2)(b), note
omit.
(4) Section 113(3)(a) and (b)
omit, insert
(a) if the client is to be detained in the forensic
disability servicethe forensic disability
service; or
(b) if the client is to undertake community
treatmentthe place where the client is to
undertake the community treatment.
(5) Section 113(4), limited
omit.
(6) Section 113(4) to (6), a health practitioner
omit, insert
an authorised person under the Mental Health Act
(7) Section 113(4), director (mental health)
omit, insert
chief psychiatrist
(8) Section 113(9)
omit.
894 Insertion of new s 113A

Chapter 9, part 1
insert
Page 548 2016 Act No. 5

[s 895]
113A Temporary admission of client to authorised

(1) This section applies if a client is taken to an
authorised mental health service under section
113.
(2) The director and the chief psychiatrist may agree
to transfer responsibility for the client from the
forensic disability service to the authorised
mental health service for an agreed period.
Note
See the Mental Health Act, section 147 in relation to
who is responsible for an adult subject to a forensic
order (disability).
(3) Subject to subsection (4), the agreed period must
not be more than 3 days.
(4) The director and the chief psychiatrist may agree
that the client be detained in the authorised
mental health service for more than 3 days if
(a) both the director and the chief psychiatrist
are satisfied it is in the clients best interests
to do so having regard to the clients health
and safety; and
(b) the director has given the chief psychiatrist
written notice detailing the arrangements for
returning the responsibility for the client to
the forensic disability service, by the end of
the longer period.
(5) The chief psychiatrist must give written notice of
an agreement mentioned in subsection (2) or (4)
to the administrator of the authorised mental
health service.
895 Amendment of s 114 (Application of pt 2)

Section 114, limited
2016 Act No. 5 Page 549
[s 896]
omit.
896 Amendment of s 115 (Entry of places)

Section 115, limited
omit.
897 Amendment of s 116 (Offences relating to ill-treatment)

Section 116(1)(c), limited
omit.
898 Amendment of s 117 (Offences relating to forensic

disability clients absconding)
Section 117(1)(d)
omit.
899 Amendment of s 122 (Confidentiality of

informationother persons)
(1) Section 122(2), or section 123
omit.
(2) Section 122(3)(d), director (mental health)
omit, insert
chief psychiatrist
900 Omission of s 123 (Disclosure of confidential

information)
Section 123
omit.
Page 550 2016 Act No. 5

[s 901]
901 Amendment of s 126 (Evidentiary provisions)

Section 126(2)(a)(ii), director (mental health)
omit, insert
chief psychiatrist
902 Amendment of s 128 (Protection of officials from liability)

Section 128(3), definition official, paragraph (b), director (mental
health)
omit, insert
chief psychiatrist
903 Omission of ch 10 (Application of Mental Health Act)

Chapter 10
omit.
904 Amendment of s 141 (Review by director)

(1) Section 141(4), 202 for the hearing of a review of the clients
mental condition
omit, insert
439 for the hearing of a review of the forensic order
(disability) to which the client is subject
(2) Section 141(5)(c)
omit, insert
(c) any period for which the administrator of an
authorised mental health service was
responsible for the client under section 147
of the Mental Health Act.
(3) Section 141(5), example, limited
omit.
2016 Act No. 5 Page 551

[s 905]
905 Omission of s 142 (Transfer from forensic disability

service to authorised mental health service)
Section 142
omit.
906 Amendment of s 144 (Administration of medication for

particular purposes)
(1) Section 144(1)
omit.
(2) Section 144(2), also
omit.
(3) Section 144(2), a client to
omit, insert
a forensic disability client to or from
907 Omission of s 149 (Director taken to have complied with

particular requirements)
Section 149
omit.
908 Omission of s 152 (Care of client detained temporarily in

authorised mental health service)
Section 152
omit.
909 Amendment of s 155 (Use of reasonable force)

Section 155(1)(a), 37, 113(2) or (3)
omit, insert
113(2) or (3)
Page 552 2016 Act No. 5

[s 910]
910 Amendment of ch 13, hdg (Transitional provision)

Chapter 13, heading, provision
omit, insert
provisions
911 Insertion of new ch 13, pt 1, hdg

Chapter 13, before section 160
insert
Part 1 Transitional provision
for Forensic Disability
Act 2011
912 Insertion of new ch 13, pt 2

Chapter 13
insert
Part 2 Transitional provisions
for Mental Health Act
2016

In this part
amended Act means this Act as in force on the
commencement.
previous Act means this Act as in force
immediately before the commencement.
2016 Act No. 5 Page 553

[s 912]
162 Temporary absence approval

A temporary absence approval given under the
previous Act, section 41 and in force immediately
before the commencement is taken to be an approval
given under the amended Act, section 32A.
163 Transfer order

A transfer order made under the previous Act, section
142 for the transfer of a forensic disability client to an
authorised mental health service is taken to be an
agreement under the Mental Health Act 2016, section
353 to transfer responsibility for the client from the
forensic disability service to the authorised mental
health service.
164 Application of s 141

The period mentioned in section 141(5)(c) is taken to
include a period for which the forensic disability client
was
(a) detained temporarily in an authorised mental
health service under the repealed Mental Health
Act 2000, section 309B; or
(b) absent from the health service while undertaking
limited community treatment within the meaning
of the repealed Mental Health Act 2000, or under
an approval given section 186 of that Act.
165 Application of transitional provisions to

forensic disability clients
(1) A provision of the Mental Health Act 2016,
chapter 20 applies for a forensic disability client
to the extent
(a) the provision operates in relation to a
previously applied provision; and
Page 554 2016 Act No. 5
[s 913]
(b) the context permits.

(2) This section does not limit the operation of the
Mental Health Act 2016, chapter 20.
(3) In this section
previously applied provision means a provision
of the repealed Mental Health Act 2000 that was,
immediately before the commencement, an
applied provision under this Act.
166 Transitional regulation-making power

(1) A regulation (a transitional regulation) may
make provision about a matter for which
(a) it is necessary to make provision to allow or
facilitate the doing of anything to achieve
the transition from the operation of the
previous Act to the operation of the
amended Act; and
(b) the amended Act or the Mental Health Act
2016 does not make provision or sufficient
provision.
(2) A transitional regulation may have retrospective
operation to a day not earlier than the day of
commencement.
(3) A transitional regulation must declare it is a
transitional regulation.
(4) This section and any transitional regulation
expire 1 year after the day of the commencement.
913 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definitions applicable forensic order, applied
provisions, director (mental health), forensic information
order, forensic order (Mental Health CourtDisability),
patient, special notification client and transfer order
2016 Act No. 5 Page 555
[s 913]
omit.
(2) Schedule 2
insert
applicable forensic order, in relation to a
forensic disability client, means the forensic
order (disability) that is in force for the client.
chief psychiatrist see the Mental Health Act,
schedule 3.
community treatment, for a forensic disability
client, means
(a) if the category of the applicable forensic
order is community under the Mental Health
Actthe provision of care and support for
the client in the community under the order;
or
(b) if the category of the applicable forensic
order is inpatient under the Mental Health
Actlimited community treatment for the
client.
forensic order (disability) see the Mental Health
Act, schedule 3.
(3) Schedule 2, definition limited community treatment, after in
the community
insert
for up to 7 days
(4) Schedule 2, definition Mental Health Act, 2000
omit, insert
2016
(5) Schedule 2, definition temporary absence approval, section
41
omit, insert
Page 556 2016 Act No. 5
Part 4 Amendment of Powers of Attorney Act 1998
[s 914]
section 32A
Part 4 Amendment of Powers of

Attorney Act 1998
914 Act amended

This part amends the Powers of Attorney Act 1998.
915 Amendment of s 6A (Relationship with Guardianship and

Administration Act 2000)
Section 6A(1)(c), note, psychosurgery
omit, insert
a non-ablative neurosurgical procedure
916 Amendment of s 38 (Acts relationship with Mental Health

Act)
Section 38, Mental Health Act 2000
omit, insert
917 Amendment of sch 2 (Types of matters)

(1) Schedule 2, section 5(3)
insert
(d) psychosurgery for the principal.
(2) Schedule 2, section 7(e), psychosurgery
omit, insert
2016 Act No. 5 Page 557

[s 918]
(3) Schedule 2, section 15

omit, insert
15 Psychosurgery
Psychosurgery is a procedure on the brain, that
involves deliberate damage to or removal of brain
tissue, for the treatment of a mental illness.
(4) Schedule 2
insert
15A Non-ablative neurosurgical procedure
A non-ablative neurosurgical procedure is a
procedure on the brain, that does not involve
deliberate damage to or removal of brain tissue, for the
treatment of a mental illness.

Schedule 3
insert
non-ablative neurosurgical procedure see
schedule 2, section 15A.
Part 5 Amendment of Public Health

Act 2005
919 Act amended

This part amends the Public Health Act 2005.
920 Amendment of s 7 (How object is mainly achieved)

(1) Section 7(d) to (i)
Page 558 2016 Act No. 5

[s 921]
renumber as section 7(e) to (j).

(2) Section 7
insert
(d) providing for persons who have a major
disturbance in mental capacity to be
transported to a treatment or care place; and
921 Insertion of new ch 4A

After chapter 4
insert
Chapter 4A Health of persons
with major
disturbance in
mental capacity
Part 1 Preliminary
157A Definitions for ch 4A

In this chapter
administrator, of an authorised mental health
service, see the Mental Health Act 2016,
schedule 3.
ambulance officer see the Ambulance Service
Act 1991, schedule.
authorised mental health practitioner see the
Mental Health Act 2016, schedule 3.
authorised mental health service see the Mental
Health Act 2016, schedule 3.
authorised person means
2016 Act No. 5 Page 559
[s 921]
(a) a police officer; or

(b) an appropriately qualified health service
employee appointed as an authorised person
by the person in charge of a public sector
health service facility or the administrator of
an authorised mental health service; or
(c) a security officer.
emergency examination authority see section
157D(1).
examination period see section 157E(1).
health practitioner means a person registered
under the Health Practitioner Regulation
National Law, or another person who provides
health services, including, for example, a social
worker.
public sector health service facility see the
Hospital and Health Boards Act 2011, schedule
2.
security officer means a person employed or
engaged by a public sector health service facility
or an authorised mental health service to provide
security services, regardless of how the persons
employment or engagement is described.
treatment or care place means a public sector
health service facility, authorised mental health
service or another place, other than a watch
house, where a person may receive treatment and
care appropriate to the persons needs.
Example of another place where a person may receive
treatment and care appropriate to the persons needs
the persons home
Page 560 2016 Act No. 5

[s 921]
Part 2 Taking persons to

treatment or care place
157B Ambulance officer or police officer may

detain and transport person
(1) This section applies if an ambulance officer or
police officer believes
(a) a persons behaviour, including, for
example, the way in which the person is
communicating, indicates the person is at
immediate risk of serious harm; and
Example
a person is threatening to commit suicide
(b) the risk appears to be the result of a major
disturbance in the persons mental capacity,
whether caused by illness, disability, injury,
intoxication or another reason; and
(c) the person appears to require urgent
examination, or treatment and care, for the
disturbance.
(2) For the Police Powers and Responsibilities Act
2000, section 609(1)(a)(i), the police officer may
consider advice received from a health
practitioner about the person in forming a view as
to whether there is an imminent risk of injury to a
person.
(3) The ambulance officer or police officer may
detain the person and transport the person to a
treatment or care place.
(4) If the treatment or care place is a public sector
health service facility that is not an inpatient
hospital, the person may only be transported to
the facility with the approval of the person in
charge of the facility.
2016 Act No. 5 Page 561
[s 921]
(5) If the person is detained and transported to a

treatment or care place, other than a public sector
health service facility or authorised mental health
service, the person can not be detained at the
place unless an Act otherwise requires.
Note
See section 157E for detention in a treatment or care
place that is a public sector health service facility or
(6) In this section
inpatient hospital means a hospital where a
person may be discharged on a day other than the
day on which the person was admitted to the
hospital.
157C What ambulance officer or police officer

must tell person
(1) The ambulance officer or police officer must
(a) tell the person that the officer is detaining
the person and transporting the person to a
treatment or care place; and
(b) explain to the person how taking action
under paragraph (a) may affect the person.
(2) The ambulance officer or police officer must take
reasonable steps to ensure the person understands
the information given under subsection (1),
including by telling the person or explaining the
thing to the person
(a) in an appropriate way having regard to the
persons age, culture, mental impairment or
illness, communication ability and any
disability; and
Page 562 2016 Act No. 5

[s 921]
(b) in a way, including, for example, in a

language, the person is most likely to
understand.
157D Giving emergency examination authority

(1) If the ambulance officer or police officer takes
the person to a treatment or care place that is a
public sector health service facility or an
authorised mental health service, the officer must
immediately make an authority (an emergency
examination authority) for the person.
(2) The authority must
(b) state the time when it is given.
(3) The person may be detained in the treatment or
care place while the authority is being made.
(4) Immediately after making the authority, the
ambulance officer or police officer must give the
authority to a health service employee at the
treatment or care place.
157E Detention in treatment or care place

(1) A person subject to an emergency examination
authority may be detained in a treatment or care
place that is a public sector health service facility
or an authorised mental health service for a
period (the examination period) of not more than
6 hours starting when the authority is made.
(2) A doctor or health practitioner must explain the
effect of the authority to the person.
(3) The doctor or health practitioner must take
reasonable steps to ensure the person understands
the information given under subsection (2),
2016 Act No. 5 Page 563
[s 921]
including by telling the person or explaining the

information to the person
(a) in an appropriate way having regard to the
persons age, culture, mental impairment or
illness, communication ability and any
disability; and
(b) in a way, including, for example, in a
language, the person is most likely to
understand.
(4) Also, a doctor or health practitioner may extend
or further extend the examination period to not
more than 12 hours after it starts if the doctor or
health practitioner believes the extension is
necessary to carry out or finish an examination of
the person under section 157F.
157F Examination
(1) A doctor or health practitioner may examine a
person subject to an emergency examination
authority to decide the persons treatment and
care needs.
(2) Also, a doctor or authorised mental health
practitioner may examine the person to decide
whether to make a recommendation for
assessment for the person under the Mental
Health Act 2016.
(3) An examination may be carried out using an
audiovisual link if the doctor or health
practitioner examining the person believes it is
clinically appropriate.
(4) In this section
audiovisual link means facilities that enable
reasonably contemporaneous and continuous
Page 564 2016 Act No. 5

[s 921]
audio and visual communication between

persons at different places.
Part 3 Return of persons who

abscond
157G Application of pt 3
This part applies if a person absconds from a
public sector health service facility or authorised
mental health service while being detained under
this chapter.
157H Administrator or person in charge may

require return of absent person
(1) A person in charge of a public sector health
service facility or the administrator of an
authorised mental health service may
(a) authorise an authorised person, other than a
police officer, to transport the person to a
public sector health service facility or an
(b) ask a police officer to transport the person to
a public sector health service facility or an
(2) The authorisation or request must
(b) state the name of the person to be
transported; and
(c) state the name of the public sector health
service facility or authorised mental health
service to which the person is to be
transported; and
2016 Act No. 5 Page 565
[s 921]
(d) identify the risk the person presents to

himself or herself, the authorised person or
police officer, and others; and
(e) for a request to a police officerstate the
reasons why the person in charge or
administrator considers it necessary for a
police officer to transport the person.
(3) Before giving the authorisation or making the
request, the person in charge or administrator
must make reasonable efforts to contact the
person and encourage the person to come or
return to the public sector health service facility
or authorised mental health service.
(4) Subsection (3) does not apply if the person in
charge or administrator considers there is a risk
that the person may harm himself or herself or
others if the person in charge or administrator
complies with the subsection.
Note
See also part 5 for applying for a warrant for the
apprehension of a person.
157I Duration of authorisation or request

An authorisation or request under section 157H
to transport the person is in force for 3 days after
the day the person absconds.
157J Authorised person may transport absent

person
(1) This section applies if an authorised person is
authorised to transport a person under section
157H(1)(a).
(2) The authorised person may transport the person
named in the authorisation to the public sector
Page 566 2016 Act No. 5
[s 921]
health service facility or authorised mental health

service stated in the authorisation.
(3) If the authorised person intends to ask a police
officer, under the Police Powers and
Responsibilities Act 2000, section 16, to help the
authorised person transport the named person,
the authorised person must ask the police officer
in the approved form mentioned in section
157H(2).
Note
Under the Mental Health Act 2016, section 359(4), an
authorised person, other than a police officer, is a public
official for the Police Powers and Responsibilities Act
2000. Under section 16 of that Act, a public official may
ask a police officer to help the public official perform
the public officials functions.
(4) The approved form must state the reasons why
the authorised person considers it necessary to
ask the police officer to help transport the person.
(5) Before transporting the person, the authorised
person must
(a) tell the person the authorised person is
detaining the person and transporting the
person to the public sector health service
facility or authorised mental health service
stated in the authorisation; and
(b) explain to the person how taking action
under paragraph (a) may affect the person.
157K Effect on examination period

For a person transported under an authorisation
or request under section 157H
(a) despite section 157E(1), the examination
period for the person starts when the person
is admitted to the service or facility to which
2016 Act No. 5 Page 567
[s 921]
the person is transported under section

157E; and
(b) a health service employee must note on the
persons emergency examination authority
when the examination period starts under
paragraph (a).
Part 4 Powers
157L Use of force to detain and transport

An ambulance officer or police officer may
exercise the power to detain and transport a
person under this chapter with the help, and using
the force, that is necessary and reasonable in the
circumstances.
157M Transfer to another treatment or care place

(a) a person subject to an emergency
examination authority is transported to a
treatment or care place that is a public sector
health service facility or an authorised
(b) a doctor or authorised mental health
practitioner believes it is necessary for the
person to be transported to another
treatment or care place that is a public sector
health service facility or an authorised
(2) An authorised person may transport the person
under the emergency examination authority to the
other treatment or care place.
Page 568 2016 Act No. 5

[s 921]
Note
A person subject to an emergency examination authority
may only be detained in a treatment or care place for the
examination period, or the examination period as
extended under section 157E(4).
157N Use of reasonable force to detain person

(1) This section applies if, under an emergency
examination authority, a person may be detained
in a public sector health service facility or an
(2) The person in charge of the public sector health
service facility or the administrator of the
authorised mental health service, and anyone
lawfully helping the person in charge or the
administrator, may exercise the power to detain
the person in the facility or service with the help,
and using the force, that is necessary and
157O Examination of person without consent and

with use of reasonable force
(1) An examination of a person subject to an
emergency examination authority may be made
under this chapter without the consent of the
person or anyone else.
(2) A person lawfully examining the person, or
lawfully helping to examine the person, may use
the force that is necessary and reasonable in the
circumstances to examine, or help examine, the
person.
157P Return after examination or treatment and

care to persons requested place
2016 Act No. 5 Page 569
[s 921]
(a) a person is transported from the community

to a treatment or care place that is a public
sector health service facility or an
authorised mental health service; and
(b) at the end of the examination period, or the
examination period as extended under
section 157E(4), for the person, a
recommendation for assessment under the
Mental Health Act 2016 is not made for the
person.
(2) If the person is detained in a public sector health
service facility, the person in charge of the
facility must take reasonable steps to ensure the
person is returned to a place reasonably requested
by the person.
(3) If the person is detained in an authorised mental
health service, the administrator of the service
must take reasonable steps to ensure the person is
returned to a place reasonably requested by the
person.
Part 5 Warrant for

apprehension of
person to transport
person
157Q Application for warrant for apprehension of

person
(1) This section applies if an authorised person
considers a warrant for apprehension of a person
is necessary to enable an authorised person to
transport the person under this chapter to a public
sector health service facility or authorised mental
health service for an examination.
Page 570 2016 Act No. 5
[s 921]
(2) The authorised person may apply to a magistrate

for a warrant for apprehension of the person.
(3) The authorised person must prepare a written
application that states the grounds on which the
warrant is sought.
(5) The magistrate may refuse to consider the
application until the authorised person gives the
magistrate all the information the magistrate
requires about the application in the way the
Example
The magistrate may require additional information
supporting the application to be given by statutory
declaration.
157R Issue of warrant

(1) A magistrate may issue the warrant for
apprehension of the person if the magistrate is
satisfied the warrant is necessary to enable an
authorised person to transport the person to a
public sector health service facility or authorised
mental health service for an examination.
(2) The warrant authorises an authorised person
(a) to enter any 1 or more places the authorised
person reasonably believes the person is;
and
(b) to search the places to find the person; and
(c) to remain in the places for as long as the
authorised person considers it reasonably
necessary to find the person; and
(d) to transport the person to a stated public
sector health service facility or stated
2016 Act No. 5 Page 571
[s 921]
Note
For a police officers entry and search powers, see the
Police Powers and Responsibilities Act 2000, section 21.
Also, for the use of force by a police officer, see the
Police Powers and Responsibilities Act 2000, section
615.
(a) the person to whom the warrant applies; and
(b) that an authorised person may, with
necessary and reasonable help and force,
exercise
(i) the powers under the warrant
mentioned in subsection (2); and
(ii) the powers mentioned in part 4; and
(c) the hours of the day or night when a place
mentioned in subsection (2)(a) may be
entered; and
(d) the magistrates name; and
(e) the day and time of the warrants issue; and
(f) the day, within 7 days after the warrants
issue, the warrant ends.
(4) An authorised person may exercise powers under
the warrant with the help, and using the force,
that is reasonable in the circumstances.
157S Electronic application

(1) An application under section 157Q may be made
by phone, fax, email, radio, videoconferencing or
another form of electronic communication if the
authorised person reasonably considers it
necessary because of
Page 572 2016 Act No. 5

[s 921]
(b) other special circumstances, including, for

example, the authorised persons remote
location.
(2) The application
(a) may not be made before the authorised
person prepares the written application
under section 157Q(3); but
(b) may be made before the written application
is sworn.
157T Additional procedure if electronic application

(1) For an application made under section 157S, the
magistrate may issue the warrant for
apprehension of the person (the original
warrant) only if the magistrate is satisfied
(a) it was necessary to make the application
under section 157S; and
(b) the way the application was made under
section 157S was appropriate.
(a) if there is a reasonably practicable way of
immediately giving a copy of the warrant to
the authorised person, including, for
example, by sending a copy by fax or email,
the magistrate must immediately give a copy
of the warrant to the authorised person; or
(b) otherwise
(i) the magistrate must tell the authorised
person the information mentioned in
section 157R(3); and
(ii) the authorised person must complete a
form of warrant, including by writing
on it the information mentioned in
2016 Act No. 5 Page 573
[s 921]
section 157R(3) told to the person by

the magistrate.
(3) The copy of the warrant mentioned in subsection
(2)(a), or the form of warrant completed under
subsection (2)(b) (in either case the duplicate
warrant), is a duplicate of, and as effectual as,
the original warrant.
(4) The authorised person must, at the first
reasonable opportunity, send to the magistrate
(a) the written application complying with
section 157Q(3) and (4); and
(b) if the authorised person completed a form of
warrant under subsection (2)(b), the
completed form of warrant.
(5) The magistrate must keep the original warrant
and, on receiving the documents under
subsection (4)
(a) attach the documents to the original warrant;
and
(b) give the original warrant and documents to
the clerk of the court of the relevant
magistrates court.
(a) an issue arises in a proceeding about
whether an exercise of a power was
authorised by a warrant issued under this
section; and
(b) the original warrant is not produced in
evidence;
the onus of proof is on the person relying on the
lawfulness of the exercise of the power to prove a
warrant authorised the exercise of the power.
(7) In this section
Page 574 2016 Act No. 5
[s 921]
relevant magistrates court, in relation to a

magistrate, means the Magistrates Court that the
magistrate constitutes under the Magistrates Act
1991.
157U Defect in relation to a warrant

(1) A warrant for apprehension of a person is not
invalidated by a defect in
(a) the warrant; or
(b) compliance with this part;
unless the defect affects the substance of the
warrant in a material particular.
(2) In this section
warrant for apprehension includes a duplicate
warrant under section 157T(3).
157V Warrantsentry procedure

(1) This section applies if an authorised person is
intending to enter a place under a warrant for
apprehension of a person.
(2) Before entering the place, the authorised person
must do or make a reasonable attempt to do the
following things
(a) identify himself or herself to a person
present at the place who is an occupier of
the place;
Note
See also the Police Powers and Responsibilities
Act 2000, section 637.
(b) give the person a copy of the warrant or, if
the entry is authorised by a duplicate
2016 Act No. 5 Page 575

[s 921]
warrant under section 157T(3), a copy of the

duplicate warrant;
(c) tell the person the authorised person is
permitted by the warrant to enter and search
the place to find the person named in the
warrant;
(d) give the person an opportunity to allow the
authorised person immediate entry to the
place without using force.
(3) However, the authorised person need not comply
with subsection (2) if the authorised person
reasonably believes immediate entry to the place
is required to ensure the effective execution of
the warrant is not frustrated.
Part 6 Searches of persons in

treatment or care place
157W Application of pt 6
This part applies to a person who is being
detained in a public sector health service facility
or authorised mental health service for an
examination under this chapter.
157X Definitions for pt 6

In this part
general search, of a person, means a search
(a) to reveal the contents of the persons outer
garments, general clothes or hand luggage
without touching the person or the luggage;
or
(b) in which the person may be required to
Page 576 2016 Act No. 5
[s 921]
(i) open his or her hands or mouth for

visual inspection; or
(ii) shake his or her hair vigorously.
harmful thing means anything
(a) that may be used to
(i) threaten the security or good order of a
public sector health service facility or
(ii) threaten a persons health or safety; or
(b) that, if used by a patient in a public sector
health service facility or authorised mental
health service, is likely to adversely affect
the patients treatment or care.
Examples of harmful things
a dangerous drug
alcohol
medication
provocative or offensive documents
personal search, of a person, means a search in
which light pressure is momentarily applied to
the person over his or her general clothes without
direct contact being made with
(a) the persons genital or anal areas; or
(b) for a femalethe persons breasts.
scanning search, of a person, means a search of
the person by electronic or other means that does
not require the person to remove his or her
general clothes or to be touched by another
person.
Examples of a scanning search
using a portable electronic apparatus or another
portable apparatus that can be passed over the person
2016 Act No. 5 Page 577

[s 921]
using an electronic apparatus through which the

person is required to pass
search requiring the removal of clothing, of a
person, means a search in which the person
removes all garments during the course of the
search, but in which direct contact is not made
with the person.
157Y Power to search on belief of possession of

harmful thing
(1) This section applies if a doctor or health
practitioner believes the person may have
possession of a harmful thing.
(2) The doctor or health practitioner may
(a) carry out a general search, scanning search
or personal search of the person; and
(b) if the person in charge of the public sector
health service facility, or the administrator
of the authorised mental health service,
gives approval for a search requiring the
removal of clothingcarry out a search
requiring the removal of clothing; and
(c) carry out a search of the persons
possessions.
(3) The person in charge of the public sector health
service facility, or the administrator of the
authorised mental health service, may give
approval under subsection (2)(b) if the person in
charge or administrator believes that a search
requiring the removal of clothing is necessary in
the circumstances.
(4) A search under this section may be carried out
without the persons consent.
Page 578 2016 Act No. 5

[s 921]
(5) However, before carrying out a search under this

section, the doctor or health practitioner must tell
the person the reasons for the search and how it is
to be carried out.
(6) A doctor or health practitioner may carry out a
search under this section with the help, and using
the force, that is necessary and reasonable in the
circumstances.
157Z Requirements for personal search

(1) A person authorised under section 157Y to carry
out a personal search (the searcher) may do any
1 or more of the following in relation to the
person being searched
(a) remove and inspect an outer garment or
footwear of the person;
(b) remove and inspect all things from the
pockets of the persons clothing;
(c) touch the clothing worn by the person to the
extent necessary to detect things in the
persons possession;
(d) remove and inspect any detected thing.
(2) The searcher may exercise a power under
subsection (1)(c) only if
(a) the searcher is the same gender as the
person; and
(b) the search is carried out in a part of a
building that ensures the persons privacy.
(a) carry out the search in a way that respects
the persons dignity to the greatest possible
extent; and
2016 Act No. 5 Page 579

[s 921]
(b) cause as little inconvenience to the person as

is practicable in the circumstances.
157ZA Requirements for search requiring the

removal of clothing
(1) A search under section 157Y requiring the
removal of clothing of a person must be carried
out by at least 2 persons authorised to carry out
the search, but by no more persons than are
reasonably necessary to carry out the search.
(2) Each person carrying out the search (each a
searcher) must be of the same gender as the
person being searched.
(3) Before carrying out the search, 1 of the searchers
must tell the person
(a) that the person will be required to remove
the persons clothing during the search; and
(b) why it is necessary to remove the clothing.
(a) ensure the search is carried out in a part of a
building that ensures the persons privacy;
and
(b) ensure, to the extent practicable, that the
way in which the person is searched causes
minimal embarrassment to the person; and
(c) take reasonable care to protect the persons
dignity; and
(d) carry out the search as quickly as reasonably
practicable; and
(e) allow the person to dress as soon as the
search is finished.
(5) The searcher must, if reasonably practicable, give
the person the opportunity to remain partly
Page 580 2016 Act No. 5
[s 921]
clothed during the search, including, for example,

by allowing the person to dress his or her upper
body before being required to remove clothing
from the lower part of the body.
(6) If the searcher seizes clothing because of the
search, the searcher must ensure the person is left
with, or given, reasonably appropriate clothing.
157ZB Requirements for search of possessions

out a search of a persons possessions (the
searcher) may
(a) open or inspect a thing in the persons
possession; and
(b) remove and inspect any detected thing.
(2) However, the searcher may exercise a power to
inspect a thing under subsection (1) only if the
person is present or has been given the
opportunity to be present.
(3) Subsection (2) does not apply if the person
obstructs the searcher in the exercise of the
searchers powers.
157ZC Record of search must be made

(a) a search requiring the removal of clothing is
carried out under section 157Y; or
(b) a person seizes anything found during a
search under section 157Y.
(2) As soon as practicable after carrying out the
search, the person who carried out the search
must make a written record of the following
details of the search
2016 Act No. 5 Page 581
[s 921]
(a) the reasons for the search;

(b) the names of the persons present during the
search;
(c) how the search was carried out;
(d) details of anything seized, including the
reasons for seizing.
157ZD Seizure of harmful thing

out a search (the searcher) may seize anything
found during the search that the searcher
reasonably suspects is
(a) connected with, or is evidence of, the
commission or intended commission of an
offence against an Act; or
(b) a harmful thing.
(2) If the searcher believes a seized thing is
connected with, or is evidence of, the
commission or intended commission of an
offence against an Act, the searcher must give it
to an authorised inspector for the Act.
(3) The seizure provisions of the Act mentioned in
subsection (2) apply to the thing as if the searcher
had seized it under the provisions of the Act that
relate to the offence.
(4) If the authorised inspector is not reasonably
satisfied the thing is evidence of the commission
or intended commission of an offence against the
Act, the authorised inspector must return it to the
searcher who must deal with it under this section.
(5) If the searcher believes a thing seized from a
person, or a thing returned under subsection (4),
is a harmful thing, the searcher must
Page 582 2016 Act No. 5
[s 921]
(a) keep it for the person and give it to the

person on the persons discharge from the
public sector health service facility or
(b) give it to someone else if the person is able
to give, and has given, agreement to do so;
or
(c) if the searcher is satisfied someone else is
entitled to possession of the thinggive or
send it to the person; or
(d) if the searcher is satisfied it is of negligible
valuedispose of it in the way the person in
charge of the public sector health service
facility or the administrator of the
authorised mental health service, believes
appropriate.
(6) Regard must be had to a things nature, condition
and value in deciding
(a) whether it is reasonable to make inquiries or
efforts; and
(b) if making inquiries or effortswhat
inquiries or efforts, including the period
over which they are made, are reasonable.
(7) In this section
authorised inspector, for an Act, means a person
who is authorised under the Act to perform
inspection and enforcement functions.
seizure provisions, of an Act, means the
provisions of the Act relating to the access to,
and retention, disposal and forfeiture of, a thing
after its seizure under the Act.
2016 Act No. 5 Page 583

[s 922]
157ZE Receipt for seized thing

out a search must give a receipt for a thing seized
to the person from whom it was seized.
(2) The receipt must describe generally the thing
seized and its condition.
157ZF Access to seized thing

(1) This section applies to a thing seized on a search
under section 157Y.
(2) Until the thing is forfeited or returned under this
part, the searcher must allow its owner to inspect
it and, if it is a document, to copy it.
(3) Subsection (1) does not apply if it is
impracticable or would be unreasonable to allow
the inspection or copying.
157ZG Relationship with Guardianship and

Administration Act 2000
This chapter does not affect the operation of the
Guardianship and Administration Act 2000,
section 63 in relation to providing urgent health
care under that Act to a person.

(1) Schedule 2, definitions authorised person and health
practitioner
omit.
Page 584 2016 Act No. 5

[s 922]
(2) Schedule 2
insert
service, for chapter 4A, see section 157A.
ambulance officer, for chapter 4A, see section
157A.
authorised mental health practitioner, for
chapter 4A, see section 157A.
authorised mental health service, for chapter
4A, see section 157A.
authorised person
(a) for chapter 4A, see section 157A; or
(b) otherwisesee section 377.
emergency examination authority, for chapter
4A, see section 157D(1).
examination period, for chapter 4A, see section
157E(1).
general search, for chapter 4A, part 6, see
section 157X.
harmful thing, for chapter 4A, part 6, see section
157X.
health practitioner
(a) for chapter 4A, see section 157A; or
(b) for chapter 6, part 3, see section 251.
personal search, for chapter 4A, part 6, see
section 157X.
public sector health service facility, for chapter
4A, see section 157A.
scanning search, for chapter 4A, part 6, see
section 157X.
2016 Act No. 5 Page 585

Chapter 22 Minor and consequential amendments
[s 923]
search requiring the removal of clothing, for

chapter 4A, part 6, see section 157X.
security officer, for chapter 4A, see section
157A.
treatment or care place, for chapter 4A, see
section 157A.
Chapter 22 Minor and consequential

amendments
923 Acts amended

Schedule 4 amends the Acts it mentions.
Page 586 2016 Act No. 5

Schedule 1
Schedule 1 Information that applicant, or

applicants nominee, is entitled
to receive under an information
notice
section 317, definition information notice
1 Information about reviews

The fact, and date and time of hearing, of
(a) a review of the relevant patients forensic order or
treatment support order; or
(b) a review of the relevant patients fitness for trial.
2 Information about transfer application

The fact, and date and time of hearing, of an application under
chapter 12, part 10, division 2, for approval to transfer the
relevant patient out of Queensland.
3 Information about tribunal decisions

(1) Subject to subsection (3), a written statement of a decision of
the tribunal on a review mentioned in section 1 or an
application mentioned in section 2 identifying
(a) the date of the decision; and
(b) the decision made.
(2) For a decision on a review mentioned in section 1(a) that
increases the extent of treatment in the community received
by the relevant patient, a brief explanation of the reasons for
the decision.
Examples of brief explanations of the reasons for a decision that increases
the extent of treatment in the community received by a relevant patient
an authorised doctor has stated that the patient has responded well
to treatment during a stated time period
2016 Act No. 5 Page 587

Schedule 1
an authorised doctor has stated that the patient has complied with
limited community treatment conditions
the patient has participated in programs recommended by the
Mental Health Court
the patient has undertaken to comply with non-contact conditions
(3) If the decision on a review mentioned in section 1(a) changes
a condition of the relevant patients order, a written statement
of the decision identifying the decision made, only if the chief
psychiatrist is satisfied the decision is relevant to the safety
and welfare of the person entitled to receive information under
the information notice.
4 Information about appeals

For an appeal relating to the relevant patients order
(a) the fact, and date and time of hearing, of the appeal; and
(b) a brief explanation of the nature of the appeal; and
(c) a written statement of the decision on appeal
identifying
(i) the date of the decision; and
(ii) the decision made.
5 Information about absences

(1) The fact that the relevant patient is a patient required to return,
only if the chief psychiatrist is satisfied the information is
relevant to the safety and welfare of the person entitled to
receive information under the information notice.
(2) The fact that the relevant patient has returned to an authorised
mental health service, after having been required to return, if
the chief psychiatrist has provided information under
subsection (1) about the absence.
6 Miscellaneous information
(1) The name of the authorised mental health service responsible
for the relevant patient.
Page 588 2016 Act No. 5
Schedule 1
(2) The fact, and date of, a transfer of the responsibility for the
relevant patient to another authorised mental health service or
the forensic disability service.
(3) The fact, and date of, the relevant patients order ending under
section 528.
(4) The fact, and date of, a decision of the tribunal under section
759 to revoke the relevant patients order.
2016 Act No. 5 Page 589

Schedule 2
Schedule 2 Who may appeal to Mental

Health Court
section 539
Column 1 Column 2
Decision Appellant
a decision of the tribunal on a (a) the person subject to the authority;

review of a treatment authority or
under chapter 12, part 2 (b) an interested person for the person
mentioned in paragraph (a) acting
on the persons behalf; or
(c) the chief psychiatrist
a decision of the tribunal on a (a) the person subject to the order; or
review of a forensic order (b) an interested person for the person
(mental health) or forensic mentioned in paragraph (a) acting
order (disability) under chapter on the persons behalf; or
12, part 3 (c) the Attorney-General; or
(d) if an authorised mental health
service is responsible for the
personthe chief psychiatrist; or
(e) if the forensic disability service is
responsible for the personthe
director of forensic disability
review of a forensic order (b) an interested person for the person
(Criminal Code) under chapter mentioned in paragraph (a) acting
12, part 4 on the persons behalf; or
(c) the chief psychiatrist; or
(d) the Attorney-General
review of a treatment support (b) an interested person for the person
order under chapter 12, part 5 mentioned in paragraph (a) acting
(c) the chief psychiatrist
Page 590 2016 Act No. 5

Schedule 2
Column 1 Column 2
Decision Appellant
a decision of the tribunal on a (a) the person the subject of the

review of a persons fitness for review; or
trial under chapter 12, part 6 (b) an interested person for the person
mentioned in paragraph (a) acting
a decision of the tribunal on a (a) the minor; or
review of the detention of a (b) an interested person for the minor
minor in a high security unit acting on the minors behalf; or
under chapter 12, part 7 (c) the chief psychiatrist
a decision of the tribunal on an (a) the person the subject of the
application for approval to application; or
perform a regulated treatment (b) an interested person for the person
on a person chapter 12, part 9 mentioned in paragraph (a) acting
(c) the doctor who made the
application; or
(d) the chief psychiatrist
a decision of the tribunal on an (a) the person the subject of the
application for approval of the application; or
transfer of a person into or out (b) an interested person for the person
of Queensland under chapter mentioned in paragraph (a) acting
12, part 10 on the persons behalf; or
2016 Act No. 5 Page 591

Schedule 3
Schedule 3 Dictionary
section 9
administrator
(a) of an authorised mental health servicemeans the
person appointed under section 332 as the administrator
of the service; or
(b) of the forensic disability servicemeans the
administrator of the service under the Forensic
Disability Act.
administrator consent, for chapter 3, see section 62.
advance health directive means an advance health directive
under the Powers of Attorney Act 1998.
ambulance officer means an ambulance officer appointed
under the Ambulance Service Act 1991, section 13.
applicant review
(a) of a treatment authority, for chapter 12, part 2see
section 413(2); or
(b) of a forensic order (mental health) or forensic order
(disability), for chapter 12, part 3see section 433(2);
or
(c) of a treatment support order, for chapter 12, part 5see
section 465(2).
applicants nominee, for chapter 10, part 6, see section
318(2)(b).
appointed person, for chapter 16, part 1, division 9, see
section 677.
approved device see section 243.
approved form means a form approved under section 798.
assessment, of a person, means an assessment of the person
under
Page 592 2016 Act No. 5
Schedule 3
(a) chapter 2, part 3; or

(b) chapter 7.
assessment period, for a person, see section 45(4).
assisting clinician see section 652(1).
associated offence see section 107.
attendance notice, for chapter 16, part 2, see section 744(1).
attorney, of a person, means
(a) an attorney appointed by the person under an advance
health directive; or
(b) an attorney appointed by the person under an enduring
power of attorney for a personal matter.
audiovisual link means facilities that enable reasonably
contemporaneous and continuous audio and visual
communication between persons at different places.
authorised doctor means
(a) a doctor appointed as an authorised doctor under section
338; or
(b) an administrator of an authorised mental health service
to whom section 339 applies; or
(c) for a particular function or power that a class of health
practitioners is authorised to perform or exercise under
section 341a health practitioner of the class who is
appointed under section 341.
authorised mental health practitioner means a health
practitioner appointed as an authorised mental health
practitioner under section 340.
authorised mental health service means
(a) a health service, or part of a health service, declared to
be an authorised mental health service under section
329; or
(b) an authorised mental health service (rural and remote);
or
2016 Act No. 5 Page 593

Schedule 3
(c) a high security unit.

authorised mental health service (rural and remote) means
an authorised mental health service, or part of an authorised
mental health service, declared to be an authorised mental
health service (rural and remote) under section 331.
authorised person see section 359.
authorised psychiatrist means an authorised doctor who is a
psychiatrist.
authorised security officer see section 384.
brief of evidence means
(a) a brief of evidence compiled by the prosecuting
authority for an offence that includes any of the
following
(i) an indictment or bench charge sheets;
(ii) summaries or particulars of allegations;
(iii) witness statements;
(iv) exhibits or photographs of exhibits;
(v) transcripts of proceedings;
(vi) a record of interview or transcript of a record of
interview;
(vii) a persons criminal history; or
(b) an experts report or a persons health record.
capacity, to consent to be treated, see section 14.
care, in relation to a person who has an intellectual disability,
includes the provision of rehabilitation, the development of
living skills, and the giving of support, assistance, information
and other services.
carer means an individual who provides, in a non-contractual
and unpaid capacity, ongoing care or assistance to another
person who, because of disability, frailty, chronic illness or
pain, requires assistance with everyday tasks.
Page 594 2016 Act No. 5

Schedule 3
category, of a treatment authority, forensic order (mental

health), forensic order (disability) or treatment support order,
means
(a) inpatient; or
(b) community.
chief executive (forensic disability) means the chief executive
of the department in which the Forensic Disability Act is
administered.
chief executive (justice) means the chief executive of the
department in which the Criminal Code is administered.
chief executive (youth justice) means the chief executive of
the department in which the Youth Justice Act 1992 is
administered.
chief psychiatrist means the person appointed as the chief
psychiatrist under section 298.
classified patient see section 64(1).
classified patient (involuntary) see section 64(2).
classified patient (voluntary) see section 64(3).
close relative, of a person, means
(a) the persons spouse; or
(b) a child, grandchild, parent, brother, sister, grandparent,
aunt or uncle (whether of whole or half-blood) of the
person or the persons spouse.
community means
(a) in relation to the category of a treatment authority,
orderthe person subject to the authority or order may
live in the community while receiving treatment and
care; or
(b) in relation to the category of a forensic order
(disability)the person subject to the order may live in
the community while receiving care.
2016 Act No. 5 Page 595

Schedule 3
condition
1 Condition, generally, does not include a condition
requiring a person to wear a tracking device.
2 However, for the following sections and without
limitation, condition includes a condition requiring a
person to wear a tracking device
(a) sections 135, 139 and 140;
(b) sections 445 to 447;
(c) section 135, as applied by sections 457, 462, 518
and 547.
confidentiality order
(a) for the Mental Health Courtsee section 696(1); or
(b) for the tribunalsee section 722(1).
contact, a person, means
(a) intentionally initiate contact with the person in any way,
including, for example, by phone, mail, fax, email or
other technology; or
(b) intentionally follow, loiter near, watch or approach the
person; or
(c) intentionally loiter near, watch, approach or enter a
place where the person lives, works or visits.
corresponding law means a law of another State that is
prescribed by regulation to be a corresponding law.
court
(a) for chapter 6, part 4, see section 192; or
(b) for chapter 14, see section 554.
court examination order see section 668(1).
court rules means rules of court made under section 699.
criminal history, of a person, means the persons criminal
history within the meaning of the Criminal Law
(Rehabilitation of Offenders) Act 1986 and
Page 596 2016 Act No. 5

Schedule 3
(a) despite sections 6, 8 and 9 of that Act, includes a

conviction of the person to which any of the sections
applies; and
(b) despite section 5 of that Act, includes a charge made
against the person for an offence.
custodian, of a person in custody, means the person having
the lawful custody of the person.
custodian consent, for chapter 3, see section 62.
decision notice, for chapter 13, part 2, see section 532.
deputy president means the deputy president of the tribunal.
designated person, for chapter 17, see section 776.
diminished responsibility see section 108.
director of forensic disability means the Director of Forensic
Disability under the Forensic Disability Act.
director of public prosecutions means the Director of Public
Prosecutions appointed under the Director of Public
Prosecutions Act 1984.
dual disability, for a person, means the person has
(a) a mental illness; and
(b) an intellectual disability.
electroconvulsive therapy means the application of electric
current to specific areas of the head to produce a generalised
seizure that is modified by general anaesthesia and the
administration of a muscle relaxing agent for the treatment of
a mental illness.
electronic document, for chapter 14, see section 554.
emergency examination authority see the Public Health Act
2005, section 157D(1).
employ includes engage on a contract for services.
enduring power of attorney for a personal matter means an
enduring power of attorney for a personal matter within the
meaning of the Powers of Attorney Act 1998.
2016 Act No. 5 Page 597

Schedule 3
examination authority see section 502(1).

examination order see section 177(2).
examination report, for chapter 6, part 2, division 3, see
section 179.
examining practitioner means
(a) a psychiatrist; or
(b) a health practitioner other than a psychiatrist; or
(c) a person with expertise in the care of persons who have
an intellectual disability.
executive officer, of the tribunal, means the person appointed
as the executive officer mentioned in section 713.
experts report see section 156.
finding of unfitness, in relation to a person, see section 485.
Forensic Disability Act means the Forensic Disability Act
2011.
forensic disability client means a forensic disability client
under the Forensic Disability Act.
forensic disability service means the forensic disability
service under the Forensic Disability Act.
forensic order means
(a) a forensic order (mental health); or
(b) a forensic order (disability); or
(c) a forensic order (Criminal Code).
forensic order (Criminal Code) means an order made under
the Criminal Code, section 613, 645 or 647 that a person be
admitted to a stated authorised mental health service to be
dealt with under this Act.
forensic order (disability) see section 134(1).
forensic order (mental health) see section 134(1).
forensic patient means a person subject to a forensic order.
former owner, for chapter 14, see section 590(1).
Page 598 2016 Act No. 5
Schedule 3
general power, for chapter 14, see section 577(1).

general search, for chapter 11, part 7, see section 384.
government entity, for chapter 17, see section 776.
harm includes physical, psychological and emotional harm.
harmful thing means anything
(a) that may be used to
(i) threaten the security or good order of an authorised
mental health service or public sector health
service facility; or
(ii) threaten a persons health or safety; or
(b) that, if used by a patient in an authorised mental health
service or public sector health service facility, is likely
to adversely affect the patients treatment or care.
Examples of harmful things
a dangerous drug
alcohol
medication
provocative or offensive documents
health practitioner means a person registered under the
Health Practitioner Regulation National Law, or another
person who provides health services, including, for example, a
social worker.
health record, for a person, means the persons hospital
record or another document recording the persons health
history, condition and treatment.
health service means a service for maintaining, improving
and restoring peoples health and wellbeing, and includes a
community health facility.
health service chief executive see the Hospital and Health
Boards Act 2011, schedule 2.
health service employee see the Hospital and Health Boards
Act 2011, schedule 2.
help requirement, for chapter 14, see section 578(1).
2016 Act No. 5 Page 599
Schedule 3
high security unit means a public sector mental health

service, or part of a public sector mental health service,
declared to be a high security unit under section 330.
Hospital and Health Service means a Hospital and Health
Service established under the Hospital and Health Boards Act
2011, section 17.
identity card means
(a) for an authorised doctor, authorised mental health
practitioner or health practitioner appointed under
section 341 to perform particular functionsan identity
card issued under section 346; or
(b) for an authorised security officeran identity card
approved under section 406; or
(c) for an inspectoran identity card issued under section
560.
independent patient rights adviser means a person appointed
as an independent patient rights adviser under section 293(2).
information notice
(a) relating to a relevant patientsee section 317; or
(b) about a decision, for chapter 14see section 554.
information requirement, for chapter 14, see section 597(3).
informed consent, to a persons treatment by regulated
treatment, see section 233.
inpatient means
(a) in relation to the category of a treatment authority,
order, the person subject to the authority or order
(i) must be detained in an inpatient unit of an
authorised mental health service while receiving
treatment and care; and
(ii) may receive limited community treatment; or
(b) in relation to the category of a forensic order
(disability), the person subject to the order
Page 600 2016 Act No. 5
Schedule 3
(i) must be detained in an inpatient unit of an

authorised mental health service, or in the forensic
disability service, while receiving care; and
(ii) may receive limited community treatment.
inpatient unit, of an authorised mental health service, means a
part of the service to which patients are admitted for treatment
and care and discharged on a day other than the day of
admission.
inspector see section 554.
intellectual disability means
(a) an intellectual disability within the meaning of the
Forensic Disability Act; or
(b) a cognitive disability within the meaning of the Forensic
Disability Act.
interested person, for a person, means
(a) the persons nominated supported person; or
(b) another individual who has a sufficient interest in the
person.
internal review decision, for chapter 14, part 8, see section
608(1)(b).
interstate forensic order, for chapter 12, part 10, division 1,
see section 513.
interstate mental health service means a health service in
another State that performs corresponding, or substantially
corresponding, functions to an authorised mental health
service.
interstate transfer requirements
(a) for chapter 12, part 10, division 1, see section 513; or
(b) for chapter 12, part 10, division 2, see section 521.
investigation report, for chapter 10, see section 309(1).
involuntary patient see section 11.
2016 Act No. 5 Page 601

Schedule 3
judicial order means

(a) a court examination order; or
(b) an examination order; or
(c) another order, requiring or permitting the detention of a
person in an authorised mental health service, made by a
court under any of the following
(i) section 124(1)(b);
(ii) section 183(c)(ii);
(iii) section 193(2);
(iv) section 544(4);
(v) section 551(4)(b).
less restrictive way, for a person to receive treatment and care
for the persons mental illness, see section 13.
limited community treatment means treatment and care of a
person in the community, including in the grounds and
buildings (other than an inpatient unit) of an authorised
mental health service, for a period of not more than 7
consecutive days, that is authorised under this Act.
mechanical restraint see section 244.
medication, for chapter 8, part 5, division 2, see section 271.
member, of the tribunal, means a member of the tribunal, and
includes the president and deputy president.
mental condition includes a mental illness and an intellectual
disability.
mental illness see section 10.
nominated support person see section 223(1).
non-ablative neurosurgical procedure means a procedure on
the brain, that does not involve deliberate damage to or
removal of brain tissue, for the treatment of a mental illness.
non-revocation period, for a forensic order (mental health) or
forensic order (disability), see section 137(2).
notice event, for chapter 3, see section 81(1).
Page 602 2016 Act No. 5
Schedule 3
occupier, of a place, includes the following

(a) if there is more than 1 person who apparently occupies
the placeany 1 of the persons;
(b) any person at the place who is apparently acting with the
authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the placeany person
who is an owner of the place.
of, a place, includes at or on the place.
offence, in relation to a reference, see section 106.
offence warning, for chapter 14, see section 554.
official, for chapter 15, part 4, see section 624.
original decision, for chapter 14, part 8, see section 608(1)(a).
owner, for chapter 14, see section 554.
parent, of a minor, includes
(a) a guardian of the minor; and
(b) a person who exercises parental responsibility for the
minor, other than a person standing in the place of a
parent of the minor on a temporary basis; and
(c) for an Aboriginal minora person who, under
Aboriginal tradition, is regarded as a parent of the
minor; and
(d) for a Torres Strait Islander minora person who, under
Island custom, is regarded as a parent of the minor.
party
(a) to an appeal
(i) for chapter 13, part 2, see section 532; or
(ii) for chapter 13, part 3, see section 538; or
(b) to a proceeding, for chapter 16, part 2, see section 703.
patient
(a) for chapter 8see section 243; or
(b) for chapter 9see section 276; or
2016 Act No. 5 Page 603
Schedule 3
(c) for chapter 10see section 297.

patient required to return means a patient
(a) in relation to whom the administrator of an authorised
mental health service, or person in charge of a public
sector health service facility, has given an authorisation
or made a request under section 364; and
(b) who has not been transported under the authorisation or
request, or come or returned voluntarily, to the service
or facility.
periodic review
section 413(1); or
(disability), for chapter 12, part 3see section 433(1);
or
section 465(1).
personal details requirement, for chapter 14, see section
595(5).
personal guardian, of a person, means a guardian for a
personal matter appointed by QCAT for the person under the
Guardianship and Administration Act 2000.
personal information, for chapter 17, see section 776.
personal search, for chapter 11, part 7, see section 384.
person in control, for chapter 14, see section 554.
person in custody see section 63.
physical restraint see section 268.
place includes the following
(a) premises;
(b) vacant land;
(c) a place in Queensland waters;
Page 604 2016 Act No. 5

Schedule 3
(d) a place held under more than 1 title or by more than 1

owner;
(e) the land or water where a building or structure, or a
group of buildings or structures, is situated.
place of custody, for a person in custody, means the place at
which the person is held in lawful custody under an Act of the
State, other than this Act, or an Act of the Commonwealth.
policy means a policy made by the chief psychiatrist under
section 273 or 305.
postal article, for chapter 11, part 7, see section 384.
practice guideline means a practice guideline made by the
chief psychiatrist under section 305.
premises includes
(a) a building or other structure; and
(b) a part of a building or other structure; and
(c) a caravan or vehicle; and
(d) a cave or tent; and
(e) premises held under more than 1 title or by more than 1
owner.
prescribed offence means an offence against any of the
following provisions of the Criminal Code
(a) section 302 (Definition of murder) and 305 (Punishment
of murder);
(b) section 303 (Definition of manslaughter) and 310
(Punishment of manslaughter);
(c) section 306 (Attempt to murder);
(d) section 317 (Acts intended to cause grievous bodily
harm and other malicious acts);
(e) section 320 (Grievous bodily harm);
(f) section 349 (Rape);
(g) section 350 (Attempt to commit rape);
2016 Act No. 5 Page 605

Schedule 3
(h) section 351 (Assault with intent to commit rape).

president means
(a) for chapter 16, part 1the president of the Mental
Health Court; or
(b) for chapter 16, part 2the president of the tribunal.
presiding member, of the tribunal for a proceeding, means the
tribunal member who, under section 720, is the presiding
member of the tribunal for the proceeding.
prosecuting authority, for an offence, means the
commissioner of the police service, director of public
prosecutions or other entity responsible for prosecuting the
proceeding for the offence.
psychiatrist means
(a) a person registered under the Health Practitioner
profession as a specialist registrant in the speciality of
psychiatry; or
(b) a person registered under the Health Practitioner
profession who is able to practise psychiatry as another
type of registrant prescribed by regulation.
psychiatrist report see section 87.
psychosurgery means a procedure on the brain, that involves
public guardian means the public guardian under the Public
Guardian Act 2014.
public place means
(a) a place, or part of the place
(i) the public is entitled to use, is open to members of
the public or is used by the public, whether or not
on payment of money; or
Examples of a place that may be a public place under
subparagraph (i)
Page 606 2016 Act No. 5

Schedule 3
a beach, a park, a road

(ii) the occupier of which allows, whether or not on
payment of money, members of the public to enter;
or
Examples of a place that may be a public place under
subparagraph (ii)
a saleyard, a showground
(b) a place that is a public place under another Act.
public sector health service see the Hospital and Health
Boards Act 2011, schedule 2.
public sector health service facility see the Hospital and
Health Boards Act 2011, schedule 2.
public sector mental health service means an authorised
mental health service that is a public sector health service.
publish means
(a) publish to the public by way of television, newspaper,
radio, the internet or other form of communication; and
(b) the public dissemination of information, including, for
example, distributing information by leaflets in
letterboxes, or announcing information at a meeting.
purpose of limited community treatment means the purpose
of limited community treatment under section 16.
reasonable time of the day or night, for chapter 9, part 3, see
section 280.
reasonably suspects, for chapter 14, see section 554.
recommendation for assessment, for a person, means a
recommendation for assessment for the person made under
section 39.
records system, for chapter 7, part 8, see section 225(1).
reduction and elimination plan, for chapter 8, see section
264.
reference, in relation to a person, see section 106.
registrar means the registrar of the Mental Health Court.
2016 Act No. 5 Page 607
Schedule 3
registry means the Mental Health Court Registry.

regulated treatment see section 232.
relevant circumstances, of a person, means each of the
following
(b) any intellectual disability of the person;
(c) the persons social circumstances, including, for
example, family and social support;
(d) the persons response to treatment and care and the
persons willingness to receive appropriate treatment
and care;
(e) if relevant, the persons response to previous treatment
in the community.
relevant court, for chapter 12, part 6, division 3, see section
495.
relevant forensic patient, for chapter 10, part 5, see section
311.
relevant offence
(a) for chapter 12, part 6, division 2, see section 489; or
(b) for chapter 12, part 6, division 3, see section 494.
relevant patient
(a) for chapter 8, see section 243; or
(b) for chapter 10, part 6 and schedule 1, see section 317.
relevant person, for chapter 16, part 2, division 6, subdivision
2, see section 728(1)(a) and (2)(a).
relevant service, for chapter 16, part 1, division 9, see section
672.
relevant unlawful act
(a) in relation to a referencesee section 129; or
(b) in relation to a forensic order (mental health), forensic
order (disability), forensic order (Criminal Code) or
Page 608 2016 Act No. 5
Schedule 3
treatment support order, means the unlawful act that led

to the making of
(i) the order; or
(ii) a forensic order that ended or was revoked on the
making of the order mentioned in subparagraph (i);
or
(iii) a forensic order that ended or was revoked on the
making of the order mentioned in subparagraph
(ii).
Notes
1 See section 461 for the making of a forensic order (mental
health) or forensic order (disability) for a person subject to a
2 See section 457 for the making of a forensic order
(disability) on the revocation of a forensic order (mental
health).
3 See section 450 for the making of a treatment support order
on the revocation of forensic order (mental health).
remote conferencing means
(a) teleconferencing; or
(b) videoconferencing; or
(c) another form of communication that allows persons
taking part in the proceeding to hear and take part in
discussions as they happen.
report, for chapter 17, part 4, see section 788.
required information, for chapter 8, see section 243.
required time and way, for chapter 8, see section 243.
responsible officer, of an interstate mental health service,
means an entity responsible for
(a) authorising the admission of persons who have a mental
illness, who are from another State, to the interstate
2016 Act No. 5 Page 609

Schedule 3
(b) authorising the transfer of persons who have a mental

illness from the interstate mental health service to
another State.
restraint, seclusion and other practices policy see section
273(1).
review
section 411; or
(disability), for chapter 12, part 3see section 431; or
section 463.
review notice, for chapter 14, part 8, see section 608(1)(c).
review notice day, for chapter 14, part 8, see section
608(2)(a).
review period, for chapter 2, part 4, see section 56.
scanning search, for chapter 11, part 7, see section 384.
scheduled review, for chapter 16, part 2, division 6,
subdivision 2, see section 728(1)(b) and (2)(b).
search requiring the removal of clothing, for chapter 11, part
7, see section 384.
seclusion see section 254.
section 613 finding see section 189(2), definition relevant
finding, paragraph (a).
section 645 finding see section 189(2), definition relevant
finding, paragraph (b).
second psychiatrist report see section 100(2).
security officer, for chapter 11, part 7, see section 384.
serious offence means an indictable offence, other than an
offence that is a relevant offence under the Criminal Code,
section 552BA(4).
Page 610 2016 Act No. 5

Schedule 3
Note
Under the Criminal Code, section 552BA, a charge of an indictable
offence that is a relevant offence must, subject to the Criminal Code,
section 552D, be heard and decided summarily.
simple offence see section 171.
staff, of the tribunal, means a person employed under section
713.
statement of rights see section 277(1).
support person, of another person, includes a personal
guardian or attorney of the person.
tracking device means an electronic device capable of being
worn, and not removed, by a person for the purpose of finding
or monitoring the geographical location of the person.
transfer considerations, for chapter 11, part 5, see section
350.
transfer recommendation, for chapter 3, see section 68(2).
transport, of a person, includes the use of physical restraint to
move the person.
treating health service, for a person, means the authorised
mental health service responsible for the persons treatment
and care.
treatment, of a person who has a mental illness or other
mental condition, includes anything done, or to be done, with
the intention of having a therapeutic effect on the persons
illness, including the provision of a diagnostic procedure.
treatment authority see section 49.
treatment criteria see section 12.
treatment in the community means
(a) for a person subject to a treatment authority, forensic
order (mental health) or treatment support order
(i) if the category of the authority or order is
inpatientlimited community treatment; or
2016 Act No. 5 Page 611

Schedule 3
(ii) if the category of the authority or order is

communitytreatment and care of the person
under the order while the person is living in the
community; or
(b) for a person subject to a forensic order (disability)
(i) if the category of the order is inpatientlimited
community treatment; or
(ii) if the category of the order is communitycare of
the person under the order while the person is
living in the community.
treatment support order see section 143(1).
tribunal means the Mental Health Review Tribunal continued
under section 704.
tribunal review
section 413(3) and (4); or
(disability), for chapter 12, part 3see section 433(3)
and (4); or
section 465(3) and (4).
tribunal rules means rules of court made under section 768.
unit, for chapter 8, see section 243.
unlawful act, of a person, includes an act or omission of the
person constituting an offence with which the person is
charged.
unsound mind see section 109.
vehicle
(a) means a vehicle under the Transport Operations (Road
Use Management) Act 1995; and
(b) includes a vessel under that Act.
victim, of an unlawful act, means a person against whom the
unlawful act was committed or allegedly committed.
Page 612 2016 Act No. 5
Schedule 3
victim impact statement, in relation to an unlawful act, means

a written statement that
(a) is signed and dated; and
(b) states the particulars of the harm caused to a victim, or
close relative of the victim, by the unlawful act; and
(c) may have attached to it
(i) documents supporting the particulars, including,
for example, medical reports; or
(ii) photographs, drawings or other images.
victim support service means an entity in a Hospital and
Health Service, or the department, that provides support
services to victims of unlawful acts.
warrant for apprehension means a warrant for apprehension
issued under section 378.
2016 Act No. 5 Page 613

Schedule 4
Schedule 4 Minor or consequential

amendments of particular
legislation
section 923
Bail Act 1980
1 Particular references to Mental Health Act 2000

Each of the following provisions is amended by omitting
Mental Health Act 2000 and inserting Mental Health Act
2016
section 11(6)(a)
section 21(1)(c)(i)
Child Protection (Offender Prohibition Order) Act 2008
1 Schedule, definition forensic order

omit, insert
forensic order means a following order under the
(a) a forensic order (mental health);
(b) a forensic order (disability);
Child Protection (Offender Reporting) Act 2004
1 Section 13(7) and (8), Mental Health Act 2000, chapter 8,

part 2
omit, insert
Page 614 2016 Act No. 5
Schedule 4
2 Section 13(9), Mental Health Act 2000, section 203

omit, insert
3 Section 25(1)(c), example, Mental Health Act 2000

omit, insert
4 Section 58(1)
omit, insert
(1) As soon as practicable before or after a decision
mentioned in any of the following provisions of
the Mental Health Act 2016 is made in relation to
a forensic reportable offender, the supervising
authority is authorised and directed to give
written notice of that fact to the police
commissioner
(a) chapter 5, part 4, division 2, subdivision 2;
(b) section 221;
(c) chapter 12, part 3, division 4;
(d) section 525.
5 Schedule 5, definition forensic order

omit, insert
forensic order means a following order under the
(a) a forensic order (mental health);
(b) a forensic order (disability);
2016 Act No. 5 Page 615
Schedule 4
6 Schedule 5, definition forensic reportable offender,

omit, insert
Commissions of Inquiry Act 1950
1 Section 5B(3), definition administrator, paragraph (a),

declared under the Mental Health Act 2000 to be
omit, insert
appointed under the Mental Health Act 2016 as
2 Section 5B(3), definition authorised mental health

service, Mental Health Act 2000, schedule
omit, insert
Mental Health Act 2016, schedule 3
3 Section 5B(3), definition involuntary patient, Mental

Health Act 2000, schedule
omit, insert
Coroners Act 2003
1 Section 9(1)(aa)(ii), section 37 or

omit.
2 Section 9(1)(aa)(iii), limited

omit.
Page 616 2016 Act No. 5

Schedule 4
3 Section 9(1)(b)
omit, insert
(b) the person was
(i) being detained in an authorised mental
health service as an involuntary patient
under the Mental Health Act 2016; or
(ii) being detained in a public sector health
service facility or authorised mental
health service under an emergency
examination authority under the Public
Health Act 2005; or
(iii) being transported to or from an
authorised mental health service under
the Mental Health Act 2016; or
(iv) undertaking limited community
treatment under the Mental Health Act
2016 while in the physical presence of
a health service employee; or
(v) temporarily absent from an authorised
mental health service under an
approval given under the Mental
Health Act 2016, section 221 while in
the physical presence of a health
service employee; or

2016
section 9(4), definition authorised mental heath service
section 10(2), definition custody, paragraph (c)(ii)
section 47(3), definition relevant Act, paragraph (a)(iv)
2016 Act No. 5 Page 617

Schedule 4
Corrective Services Act 2006

2016
section 6(3)(d)
section 68(5)
schedule 4, definition authorised mental health service
schedule 4, definition prisoner, paragraph 1(b)
2 Section 319S(2)(b), Mental Health Act 2000, chapter 7,

part 6
omit, insert
Mental Health Act 2016, chapter 5, part 3
Crime and Corruption Act 2001
1 Section 83(2)
omit, insert
(2) If the attendance before the commission of a
patient detained in an authorised mental health
service under the Mental Health Act 2016 is
required, the chairman may, by notice given to
the administrator of the service, direct the
administrator to produce the patient named in the
notice at a stated time and place.
2 Section 83(6), definitions administrator, Mental Health

Act and patient
omit.
Page 618 2016 Act No. 5

Schedule 4
3 Section 83(6)
insert
service, see the Mental Health Act 2016,
schedule 3.
Criminal Law Amendment Act 1945
1 Section 18(8) and (8A), director of mental health

omit, insert
chief psychiatrist
2 Section 18(14), definition director of mental health

omit.
3 Section 18(14)
insert
chief psychiatrist see the Mental Health Act
2016, schedule 3.
Criminal Proceeds Confiscation Act 2002
1 Section 112(1)(a), Mental Health Act 2000, chapter 7, part

6
omit, insert
2016 Act No. 5 Page 619

Schedule 4
Disability Services Act 2006
1 Section 120(2)(a)(i), condition

omit, insert
state
2 Section 123(1)(b), condition

omit, insert
state
3 Section 123(5)(a), Mental Health Act 2000, section 284

omit, insert

omit, insert
5 Section 123(9)(b), Mental Health Act 2000, section 318

omit, insert
6 Section 123(10), Mental Health Act 2000, section

318(2)
omit, insert
Mental Health Act 2016, section 160(2)
7 Section 124(1)(b), the persons mental condition under

the Mental Health Act 2000, chapter 6, part 3 or 4
omit, insert
Page 620 2016 Act No. 5

Schedule 4
a forensic order to which the person is subject, or the

persons fitness for trial, under the Mental Health Act
2016, chapter 12, part 3, 4 or 6
8 Section 124(2)(c), under the Mental Health Act 2000,

section 203A
omit, insert
or other person mentioned in the Mental Health Act
2016, section 454

omit, insert
Mental Health Act 2016, section 155 or 742

omit, insert

omit, insert
state

omit, insert
13 Section 128(4)(c), Mental Health Act 2000, section 426

omit, insert
2016 Act No. 5 Page 621

Schedule 4

omit, insert
15 Section 128(8), Mental Health Act 2000, section 318(2)

omit, insert

omit, insert

section 203A
omit, insert
2016, section 454

omit, insert

omit, insert
20 Section 144, definition director of mental health

omit.
Page 622 2016 Act No. 5
Schedule 4
21 Section 144
insert
2016, schedule 3.
22 Section 144, definition authorised psychiatrist, Mental

omit, insert
23 Section 145(4), definition mental illness, Mental Health

Act 2000, section 12
omit, insert
24 Particular references to involuntary treatment order

under Mental Health Act 2000
Each of the following provisions is amended by omitting or
involuntary treatment order under the Mental Health Act
2000 and inserting , treatment support order or treatment
authority under the Mental Health Act 2016
section 159(1)(a)(i)
section 162(b)
section 164(5)(b)
section 175(1)(b)
section 177(1)(c)
25 Particular references to treatment under Mental Health

Act 2000
treatment of the adult under the Mental Health Act 2000 and
2016 Act No. 5 Page 623

Schedule 4
inserting treating the adult under the Mental Health Act

2016
section 159(2)(a)
section 175(3)(a)
section 176(1)(a)
section 176(3), definition consult
26 Section 156(3)(d)
omit, insert
(d) if the chief executive is aware the adult is
subject to a forensic order, treatment support
order or treatment authority under the
Mental Health Act 2016the authorised
psychiatrist responsible for treating the adult
under that Act;
27 Section 163(3)
omit, insert
(3) However, if the chief executive is deciding
whether a change should be made because the
adult is subject to a forensic order, treatment
support order or treatment authority under the
Mental Health Act 2016, the chief executive must
consult the authorised psychiatrist responsible for
treating the adult under that Act.
28 Section 173(2)(b)
omit, insert
(b) if the provider is aware the adult is subject
to a forensic order, treatment support order
or treatment authority under the Mental
Health Act 2016ensure the authorised
under that Act is given the opportunity to
Page 624 2016 Act No. 5
Schedule 4
participate in the development of the

positive behaviour support plan; and
29 Part 6, division 4, subdivision 3, hdg, or involuntary

treatment order
omit, insert
, treatment support order or treatment authority
30 Particular references to director of mental health

director of mental health and inserting chief psychiatrist
section 164(6), definition relevant director, paragraph
(b)
section 177(3), definition relevant director, paragraph
(b)
31 Section 178(4)(b)
omit, insert
(b) if the chief executive is aware the adult is
under that Act;
32 Section 192(2)(c)
omit, insert
(c) if the relevant service provider is aware the
adult is subject to a forensic order, treatment
support order or treatment authority under
the Mental Health Act 2016the terms of
the order or authority.
2016 Act No. 5 Page 625

Schedule 4
33 Schedule 8, definition director of mental health

omit.
34 Schedule 8
insert
chief psychiatrist, for part 6, see section 144.
Guardianship and Administration Act 2000
1 Section 13A(6)(f)
omit, insert
(f) if the individual is subject to a forensic
order, treatment support order or treatment
authority under the Mental Health Act
2016the chief psychiatrist.
2 Section 29(1)(c)(vi)
omit, insert
(vi) if the adult is subject to a forensic
order, treatment support order or
treatment authority under the Mental
Health Act 2016the chief
psychiatrist;
3 Section 65(4), note, psychosurgery

omit, insert
4 Section 68(1), psychosurgery

omit, insert
Page 626 2016 Act No. 5

Schedule 4
5 Section 80U, definition authorised psychiatrist, Mental

omit, insert
6 Section 80W(1)(b)
omit, insert
(b) if the tribunal is aware the adult is subject to
a forensic order, treatment support order or
treatment authority under the Mental Health
Act 2016
(i) the terms of the order or authority; and
(ii) the views of the authorised psychiatrist
responsible for treating the adult under
that Act about the containment or
seclusion of the adult;
7 Section 80W(1)(c)(i), Mental Health Act 2000

omit, insert
8 Section 80ZA(b)(vi)
omit, insert
(vi) if the adult is subject to a forensic
order, treatment support order or
treatment authority under the Mental
Health Act 2016the chief
psychiatrist;
9 Section 80ZE(5)(a)
omit, insert
(a) if the guardian is aware the adult is subject
to a forensic order, treatment support order
2016 Act No. 5 Page 627
Schedule 4
or treatment authority under the Mental

Health Act 2016
(i) the terms of the order or authority; and
(ii) the views of the authorised psychiatrist
that Act about the use of the restrictive
practice;
10 Section 80ZE(5)(b)(i), Mental Health Act 2000

omit, insert
11 Section 80ZH(3)(c)
omit, insert
(c) if the public guardian is aware the adult is
under that Act;
12 Section 80ZP(f)
omit, insert
(f) if the adult is subject to a forensic order,
treatment support order or treatment
2016the chief psychiatrist;
13 Section 80ZQ(e)
omit, insert
(e) if the adult is subject to a forensic order,
Page 628 2016 Act No. 5

Schedule 4

2016the chief psychiatrist;
14 Section 80ZS(2)(b)(v)
omit, insert
(v) if the informal decision-maker is aware
the adult is subject to a forensic order,
2016the authorised psychiatrist
that Act has been given an opportunity
to participate in the development of the
positive behaviour support plan; and
15 Section 118(1)(g)(iii)
omit, insert
(iii) if the tribunal is aware the adult is
subject to a forensic order, treatment
support order or treatment authority
under the Mental Health Act 2016the
chief psychiatrist; and
16 Schedule 2, section 5(3)

insert
(d) psychosurgery for the adult.
17 Schedule 2, section 7(e), psychosurgery

omit, insert
18 Schedule 2, section 15
omit, insert
2016 Act No. 5 Page 629
Schedule 4
15 Psychosurgery
Psychosurgery is a procedure on the brain, that
involves deliberate damage to or removal of brain
tissue, for the treatment of a mental illness.
15A Non-ablative neurosurgical procedure

A non-ablative neurosurgical procedure is a
procedure on the brain, that does not involve

omit.
20 Schedule 4
insert
2016, schedule 3.
non-ablative neurosurgical procedure see
schedule 2, section 15A.
Hospital and Health Boards Act 2011
1 Particular references to director of mental health

director of mental health and inserting chief psychiatrist
section 111, heading and subsection (2)
section 139, definition designated person, paragraph (d)
2 Section 111(3), definition authorised mental health

service
omit, insert
Page 630 2016 Act No. 5
Schedule 4


omit.
4 Schedule 2
insert
2016, schedule 3.
Limitation of Actions Act 1974
1 Section 5(3)(a), Mental Health Act 2000

omit, insert
2 Section 5(3)(c), in strict custody pursuant to an order of

the court or in safe custody pursuant to
omit, insert
detained in an authorised mental health service under
an order of the court or in safe custody under
Penalties and Sentences Act 1992
1 Section 163(3)(a), Mental Health Act 2000, chapter 7, part

6
omit, insert
2016 Act No. 5 Page 631

Schedule 4
Police Powers and Responsibilities Act 2000
1 Section 12(1), example

omit, insert
Example
A police officer who has entered a place under section
609 may, under the Public Health Act 2005, section
157B, take a person to a treatment or care place within
the meaning of chapter 4A of that Act.
2 Schedule 1, entry for Mental Health Act 2000

omit, insert
3 Schedule 1
insert
Public Health Act 2005, chapter 4A
Public Guardian Act 2014
1 Section 39, definitions consumer and visitable site,

omit, insert
2 Section 47(4)(c)
omit, insert
(c) the chief psychiatrist under the Mental
Health Act 2016;
Page 632 2016 Act No. 5

Schedule 4
3 Section 51, definition authorised mental health service,

Mental Health Act 2000, schedule
omit, insert
4 Section 70(4)(f)
renumber as section 70(4)(g).
5 Section 70(4)
insert
(f) the chief psychiatrist under the Mental
Health Act 2016;
6 Section 126(2)
omit, insert
(2) The public guardian must include in the annual
report a report on each of the following
(a) the operations of community visitors during
the year, including the number of entries of
visitable sites outside normal hours
authorised by the public guardian;
(b) the number of notices under the Mental
Health Act 2016, section 231, received by
the public guardian during the year, about
the admission of minors to authorised
mental health services;
(c) the operations of community visitors (child)
during the year relating to the minors
mentioned in paragraph (b), including
(i) the number of entries of visitable sites
relating to the minors made by the
visitors; and
2016 Act No. 5 Page 633

Schedule 4
(ii) the types of issues, affecting the rights

and interests of the minors, raised by
the visitors.
Public Service Act 2008
1 Schedule 1, entry for Mental Health Review Tribunal,

omit, insert
Residential Services (Accreditation) Act 2002
1 Section 4(5)(b), Mental Health Act 2000

omit, insert
Residential Tenancies and Rooming Accommodation

Act 2008
1 Section 44(1)(c), Mental Health Act 2000

omit, insert
Statutory Instruments Act 1992
1 Schedule 2A, Mental Health Act 2000

omit, insert
Page 634 2016 Act No. 5

Schedule 4
Terrorism (Preventative Detention) Act 2005
1 Section 62(1)(c), Mental Health Act 2000

omit, insert
Victims of Crime Assistance Act 2009
1 Section 15(1), note, condition

omit, insert
state
2 Section 15(1), note, Mental Health Act 2000, see section

284
omit, insert
Mental Health Act 2016, see section 162
3 Section 16(2), note, paragraph (b)

omit, insert
(b) the Mental Health Act 2016, chapter 10, part 6.
Weapons Act 1990
1 Section 53(7), definition excluded person, paragraph (f),

Mental Health Act 2000 or a similar order under the
omit, insert
Mental Health Act 2016 or a similar order under the
repealed Mental Health Act 2000
2016 Act No. 5 Page 635

Schedule 4
Working with Children (Risk Management and

Screening) Act 2000
1 Section 329(2)(a)(i), condition

omit, insert
state

omit, insert
state

omit, insert

omit, insert
5 Section 332(9)(b), Mental Health Act 2000, section 318

omit, insert
6 Section 332(10), Mental Health Act 2000, section

318(2)
omit, insert
Page 636 2016 Act No. 5

Schedule 4

omit, insert

section 203A
omit, insert
2016, section 454

omit, insert

omit, insert

omit, insert
state

omit, insert

omit, insert
2016 Act No. 5 Page 637
Schedule 4

omit, insert
15 Section 337(8), Mental Health Act 2000, section 318(2)

omit, insert

omit, insert

section 203A
omit, insert
2016, section 454

omit, insert

omit, insert
Page 638 2016 Act No. 5

Schedule 4
Youth Justice Act 1992

2016
section 61 and heading
section 264, heading and subsection (1)
State of Queensland 2016

Authorised by the Parliamentary Counsel
2016 Act No. 5 Page 639

Mental Health Act 2016

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Queensland

Mental Health Act 2016

Act No. 5 of 2016

Mental Health Act 2016

23 Treatment and care of patients . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Page 2 2016 Act No. 5

Part 4 Treatment authorities

2016 Act No. 5 Page 3

Part 4 Requirements applying when person in custody becomes

Page 4 2016 Act No. 5

98 Person must participate in examination in good faithreport on request

2016 Act No. 5 Page 5

122 Permanent unfitness for trialdiscontinuance of proceeding . . . 123

Page 6 2016 Act No. 5

Division 4 Responsibility for treatment and care

2016 Act No. 5 Page 7

Chapter 6 Powers of courts hearing criminal proceedings and related

Page 8 2016 Act No. 5

193 Power to order persons detention in authorised mental health service

2016 Act No. 5 Page 9

Part 5 Patients subject to treatment support orders

Page 10 2016 Act No. 5

234 Explanation to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193

2016 Act No. 5 Page 11

Division 2 Authorised seclusion

Page 12 2016 Act No. 5

Part 3 Rights of patients

2016 Act No. 5 Page 13

306 Publication of policies and practice guidelines . . . . . . . . . . . . . . . 238

Page 14 2016 Act No. 5

Part 3 Administrators of authorised mental health services

2016 Act No. 5 Page 15

Division 5 General provisions

Page 16 2016 Act No. 5

379 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287

2016 Act No. 5 Page 17

Page 18 2016 Act No. 5

425 Inpatient categorylimited community treatment . . . . . . . . . . . . 314

2016 Act No. 5 Page 19

451 Making of treatment authority or no further order. . . . . . . . . . . . . 326

Page 20 2016 Act No. 5

476 Community categorydeciding whether authorised doctor may reduce

2016 Act No. 5 Page 21

503 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354

Page 22 2016 Act No. 5

530 Use of victim impact statement by tribunal . . . . . . . . . . . . . . . . . . 368

2016 Act No. 5 Page 23

Part 2 General provisions about inspectors

Page 24 2016 Act No. 5

579 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 395

2016 Act No. 5 Page 25

Part 8 Reviews and appeals about seizure and forfeiture

Page 26 2016 Act No. 5

2016 Act No. 5 Page 27

Division 6 Mental Health Court Registry and registrar

Page 28 2016 Act No. 5

Division 10 Procedural provisions

2016 Act No. 5 Page 29

711 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Page 30 2016 Act No. 5

737 Attorney-General to give notice of intention to appear . . . . . . . . . 471

2016 Act No. 5 Page 31

767 Protection and immunity for other persons. . . . . . . . . . . . . . . . . . 487

Page 32 2016 Act No. 5